local government act 1993

Queensland

LOCAL GOVERNMENT ACT1993

Volume 2

Reprinted as in force on 9 April 1999(includes amendments up to Act No. 11 of 1999)

Reprint No. 4C

This reprint is prepared bythe Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

Information about this reprint

This Act is reprinted as at 9 April 1999. The reprint shows the law as amended by allamendments that commenced on or before that day (Reprints Act 1992 s 5(c)).

The reprint includes a reference to the law by which each amendment wasmade—see list of legislation and list of annotations in endnotes.

This page is specific to this reprint. See previous reprints for information aboutearlier changes made under the Reprints Act 1992. A table of earlier reprints isincluded in the endnotes.

Also see endnotes for information about—• when provisions commenced• editorial changes made in earlier reprints.

Queensland

LOCAL GOVERNMENT ACT 1993

TABLE OF CONTENTS

VOLUME 1

CHAPTER 1—PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

PART 1—INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

PART 2—OBJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

PART 3—INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

PART 4—APPLICATION OF ACT TO BRISBANE CITY COUNCIL . . . . . 60

PART 5—APPLICATION OF ACT TO JOINT LOCALGOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

PART 6—APPLICATION OF ACT TO ABORIGINAL ANDTORRES STRAIT ISLANDER LOCAL GOVERNMENTS . . . . . . . . . . . . . . 65

CHAPTER 2—THE LOCAL GOVERNMENT SYSTEM . . . . . . . . . . . . . . . . . . . . . . 66

PART 1—LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Division 1—Local government areas . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Division 2—Roles of local governments . . . . . . . . . . . . . . . . . . . . . . . 67

Division 3—Jurisdiction of local governments . . . . . . . . . . . . . . . . . . 68

Division 4—Composition of local governments . . . . . . . . . . . . . . . . . 70

Division 5—Names, legal status and general powers of localgovernments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Division 6—Other provisions about local governments . . . . . . . . . . . 71

PART 2—JOINT LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Division 1—Extended application of part . . . . . . . . . . . . . . . . . . . . . . 72

Division 2—Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Division 3—Joint local government areas . . . . . . . . . . . . . . . . . . . . . . 73

Division 4—Establishment of joint local governments . . . . . . . . . . . . 73

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Local Government Act 1993

Division 5—Jurisdiction of joint local governments . . . . . . . . . . . . . . 74

Division 6—Membership of joint local governments . . . . . . . . . . . . . 75

Division 7—Legal status and general powers of jointlocal governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Division 8—Other provisions about joint local governments . . . . . . . 76

PART 3—JOINT ACTION BY LOCAL GOVERNMENTS . . . . . . . . . . . . . . 77

Division 1—Extended application of part . . . . . . . . . . . . . . . . . . . . . . 77

Division 2—Joint action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

CHAPTER 3—INTERACTION WITH THE STATE . . . . . . . . . . . . . . . . . . . . . . . . . . 79

PART 1—REVIEWABLE LOCAL GOVERNMENT MATTERS . . . . . . . . . 79

Division 1—Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Division 2—Local Government Electoral and Boundaries Review Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

Subdivision 1—Establishment, constitution and functionsof commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

Subdivision 2—Business and meetings of commissions . . . . . 84

Subdivision 3—Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Division 3—References of, and applications for, reviewable localgovernment matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Subdivision 1—References to commissioner by Minister . . . . 87

Subdivision 2—Applications to commissioner by localgovernments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

Division 4—Procedures for major and minor references of reviewable local government matters . . . . . . . . . . . . . . . . . . . . . . . . . 90

Subdivision 1—Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Subdivision 2—Major references of reviewable localgovernment matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

Subdivision 3—Minor references of reviewable localgovernment matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

Division 5—Limited reviewable local government matters . . . . . . . 107

Division 6—Inquiries by expanded commissions . . . . . . . . . . . . . . . 110

Subdivision 1—General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Subdivision 2—Conduct of inquiries . . . . . . . . . . . . . . . . . . . . 110

Division 7—Referendums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

Subdivision 1—Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

299


Subdivision 2—Holding referendums . . . . . . . . . . . . . . . . . . . 114

Subdivision 3—Replacement provisions . . . . . . . . . . . . . . . . . 124

Subdivision 4—Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . 127

Division 8—Provisions about commission members . . . . . . . . . . . . 128

Subdivision 1—Commissioner and deputy commissioner . . . 128

Subdivision 2—Appointment, and duration of appointment,of review commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

Subdivision 3—Terms of appointment, resignationand termination of appointment of certaincommission members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

Division 9—Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

Division 10—Implementing reviewable local government matters . 132

PART 2—INTERVENTION BY THE STATE . . . . . . . . . . . . . . . . . . . . . . . . 134

Division 1—Powers of intervention . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Division 2—Inquiries, investigations and inspections . . . . . . . . . . . 138

Division 3—Conduct of inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139

Division 4—Administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

PART 3—LOCAL GOVERNMENT GRANTS COMMISSION . . . . . . . . . . 145

Division 1—Extended application of part . . . . . . . . . . . . . . . . . . . . . 145

Division 2—Commission membership . . . . . . . . . . . . . . . . . . . . . . . . 145

Division 3—Role of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

Division 4—Recommendations, allocation and distribution . . . . . . 148

Division 5—Inquiries by commission . . . . . . . . . . . . . . . . . . . . . . . . . 150


Subdivision 2—Conduct of inquiries . . . . . . . . . . . . . . . . . . . . 150

Division 6—Commission proceedings . . . . . . . . . . . . . . . . . . . . . . . . 153


CHAPTER 4—LOCAL GOVERNMENT COUNCILLORS . . . . . . . . . . . . . . . . . . . 155

PART 1—MEMBERSHIP OF LOCAL GOVERNMENTS . . . . . . . . . . . . . . 155


Division 2—Qualifications and disqualifications . . . . . . . . . . . . . . . 155

Division 3—Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159

PART 2—COUNCILLORS’ ROLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160

Division 1—Councillors’ roles generally . . . . . . . . . . . . . . . . . . . . . . 160

300


Division 2—Deputy mayor and acting mayor . . . . . . . . . . . . . . . . . . 161

PART 3—ENTITLEMENTS AND OBLIGATIONS . . . . . . . . . . . . . . . . . . . 163

Division 1—Entitlements of councillors and committeemembers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163

Division 2—Obligations of councillors . . . . . . . . . . . . . . . . . . . . . . . 166

PART 4—VACANCIES IN MEMBERSHIP OF LOCALGOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

PART 5—MEMBERSHIP OF JOINT LOCAL GOVERNMENTS . . . . . . . . 175

CHAPTER 5—LOCAL GOVERNMENT ELECTIONS . . . . . . . . . . . . . . . . . . . . . . 178

PART 1—GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

PART 2—RETURNING OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

PART 3—VOTERS ROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

PART 4—VOTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

PART 5—DIVISION OF LOCAL GOVERNMENT AREAS . . . . . . . . . . . . 185

PART 6—CONDUCT OF ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

Division 1—Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

Division 2—Electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

Division 3—Candidates for election or appointment . . . . . . . . . . . . 190

Division 4—Nominations of candidates for election . . . . . . . . . . . . 191

Division 5—Ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

Division 6—Polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

Division 7—Ballot boxes, papers and other documents . . . . . . . . . . 203

Division 8—Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

Division 9—Voting generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

Division 10—Declaration voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214

Division 11—Marking of ballot papers . . . . . . . . . . . . . . . . . . . . . . . 222

Division 12—Replacement ballot papers . . . . . . . . . . . . . . . . . . . . . 223

Division 13—Effect of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . 225

Division 14—Counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

Division 15—Actions following poll . . . . . . . . . . . . . . . . . . . . . . . . . 237

Division 16—Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243

Subdivision 1—Offences in general . . . . . . . . . . . . . . . . . . . . 243

301


Subdivision 2—Offences about electoral advertisingand information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

Subdivision 3—Offences about voting . . . . . . . . . . . . . . . . . . 247

Subdivision 4—Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252

PART 7—FRESH ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254

PART 8—DISCLOSURE OF ELECTION GIFTS . . . . . . . . . . . . . . . . . . . . . 255


Division 2—Disclosure periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259

Subdivision 1—Disclosure periods for candidates forelections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259

Subdivision 2—Disclosure period for third parties forelections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261

Subdivision 3—Transitional provisions for start ofdisclosure periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261

Division 3—Disclosure of gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262

Subdivision 1—Disclosure by candidates for elections . . . . . 262

Subdivision 2—Disclosure by third parties for elections . . . . 265

Subdivision 3—Amendment of returns . . . . . . . . . . . . . . . . . . 267

Division 4—Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267


Division 6—Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272

CHAPTER 6—GENERAL OPERATION OF LOCAL GOVERNMENTS . . . . . . . . 273

PART 1—PROCEEDINGS OF LOCAL GOVERNMENTS . . . . . . . . . . . . . 273

Division 1—What meetings are held . . . . . . . . . . . . . . . . . . . . . . . . . 273

Division 2—Local government meetings . . . . . . . . . . . . . . . . . . . . . . 274

Division 3—Committees and their meetings . . . . . . . . . . . . . . . . . . . 276

Division 4—Meetings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

Division 5—Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280


PART 2—POLLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283

PART 3—CONTRACTS AND TENDERING . . . . . . . . . . . . . . . . . . . . . . . . 285


Division 2—Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286

Division 3—Disposal of land or goods . . . . . . . . . . . . . . . . . . . . . . . . 289

302


PART 4—ENTERPRISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291


Division 2—Enterprise powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292

Division 3—Safeguards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498

VOLUME 2

CHAPTER 7—FINANCIAL OPERATION AND ACCOUNTABILITYOF LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343

PART 1—LOCAL GOVERNMENT FINANCE STANDARDS . . . . . . . . . . 343

PART 2—CORPORATE AND OPERATIONAL PLANS . . . . . . . . . . . . . . . 345

PART 3—FUNDS AND ACCOUNTING PROCEDURES . . . . . . . . . . . . . . 347

PART 4—BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348

PART 5—BORROWING AND INVESTMENT . . . . . . . . . . . . . . . . . . . . . . 352

PART 6—ACCOUNTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353

PART 7—AUDIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354

PART 8—ANNUAL REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354

PART 9—DUTIES ABOUT PROPERTY STOLEN ORUNACCOUNTED FOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

PART 10—JOINT LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . 357

CHAPTER 8—NATIONAL COMPETITION REFORM OF SIGNIFICANTBUSINESS ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

PART 1—OBJECT AND APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

PART 2—DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

PART 3—IDENTIFICATION OF NEW TYPE 1 AND 2 BUSINESSACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363

PART 4—PUBLIC BENEFIT ASSESSMENT OF SIGNIFICANTBUSINESS ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365

Division 1—Subject matter of public benefit assessments . . . . . . . 365

Division 2—Content of public benefit assessment report . . . . . . . . . 368

Division 3—Local government to undertake assessments . . . . . . . . 369

Division 4—Action to be taken on public benefit assessmentreports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372

PART 5—FULL COST OF PRICING FOR SIGNIFICANT BUSINESSACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

303


PART 6—COMMERCIALISATION OF SIGNIFICANT BUSINESSACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376


Division 2—Background and objectives of part . . . . . . . . . . . . . . . . 377

Division 3—Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378

Division 4—Establishment of commercial business unit . . . . . . . . . 381

Division 5—Operations of commercial business unit . . . . . . . . . . . . 381

Division 6—Annual statement of operations on commercialbusiness unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382

PART 7—LOCAL GOVERNMENT OWNED CORPORATIONS . . . . . . . . 384


Subdivision 1—Application of part . . . . . . . . . . . . . . . . . . . . . 384

Subdivision 2—Outline of part and its background andobjectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384

Subdivision 3—Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Subdivision 4—Corporatised corporation not a localgovernment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392

Subdivision 5—Operation of part and application of laws . . 393

Division 2—Mechanisms for creating LGOCs and subsidiaries . . . 394

Subdivision 1—Proposal for corporatisation . . . . . . . . . . . . . . 394

Subdivision 2—Preparation of corporatisationcharter—preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

Subdivision 3—Preparation of corporatisationcharter—establishment committee . . . . . . . . . . . . . . . . . . . . . 396

Subdivision 4—Preparation of corporatisationcharter—requirements for charter . . . . . . . . . . . . . . . . . . . . . . 398

Subdivision 5—Corporatisation charter—approvals . . . . . . . . 399

Subdivision 6—Corporatisation charter—expiry of chartertransitional part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Subdivision 7—Corporatisation facilitativemechanisms—significant business entities . . . . . . . . . . . . . . . 400

Subdivision 8—Significant business entities—directorsand employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

Subdivision 9—Interim board . . . . . . . . . . . . . . . . . . . . . . . . . . 405

Subdivision 10—Corporatisation facilitativemechanisms—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

304


Subdivision 11—Acting chief executive officer ofsignificant business entity on corporatisation . . . . . . . . . . . . . 409

Division 3—Local government owned corporations andsubsidiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410

Subdivision 1—Declaration of LGOCs and subsidiaries . . . . 410

Subdivision 2—Application of Corporations Law . . . . . . . . . 411

Subdivision 3—Shares of corporatised corporations . . . . . . . 412

Subdivision 4—Shareholders and councillors . . . . . . . . . . . . . 413

Subdivision 5—Board of directors . . . . . . . . . . . . . . . . . . . . . . 415

Subdivision 6—Chief executive officer . . . . . . . . . . . . . . . . . 417

Subdivision 7—Corporate plan—general . . . . . . . . . . . . . . . . 418

Subdivision 8—Preparation, agreement on and changesto corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418

Subdivision 9—Statement of corporate intent—general . . . . 421

Subdivision 10—Matters to be included in statement ofcorporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422

Subdivision 11—Preparation, agreement on andmodification of statement of corporate intent . . . . . . . . . . . . . 424

Subdivision 12—Community service obligations . . . . . . . . . . 427

Subdivision 13—General reserve powers of shareholder . . . . 428

Subdivision 14—Suspected insolvency from directions . . . . 429

Subdivision 15—Limitation on local governmentdirections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431

Subdivision 16—Reports and other accountability matters . . 431

Subdivision 17—Duties and liabilities of directors andother officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436

Subdivision 18—Legal capacity and powers . . . . . . . . . . . . . 448

Subdivision 19—Finance—taxation . . . . . . . . . . . . . . . . . . . . 453

Subdivision 20—Finance—borrowings and guarantees . . . . . 454

Subdivision 21—Finance—dividends . . . . . . . . . . . . . . . . . . . 455

Subdivision 22—Acquisition and disposal of assets andsubsidiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Subdivision 23—Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Subdivision 24—Other matters . . . . . . . . . . . . . . . . . . . . . . . . 462


305


Division 5—Additional provisions relating to board ofcorporatised corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466

Subdivision 1—Composition of board . . . . . . . . . . . . . . . . . . . 466

Subdivision 2—Meetings and other business of board . . . . . . 467

Subdivision 3—Provisions relating to directors . . . . . . . . . . . 469

Division 6—Additional provisions relating to chiefexecutive officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

CHAPTER 9—CONDUCT OF COMPETITIVE BUSINESS ACTIVITIES . . . . . . . 473



PART 3—CODE OF COMPETITIVE CONDUCT . . . . . . . . . . . . . . . . . . . . 475

PART 4—ANNUAL REVIEW OF BUSINESS ACTIVITIES . . . . . . . . . . . 476

CHAPTER 10—REFORM OF CERTAIN WATER AND SEWERAGESERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477



PART 3—ASSESSMENT OF COST EFFECTIVENESS OFTWO–PART TARIFFS FOR WATER SUPPLY . . . . . . . . . . . . . . . . . . . . . 479

PART 4—DECISION ON TWO–PART TARIFF REPORTS . . . . . . . . . . . . 481

PART 5—IMPLEMENTATION OF CERTAIN CHARGINGARRANGEMENTS AND REPORTING PROCEDURES . . . . . . . . . . . . . . . 483

CHAPTER 11—COMPLAINTS ABOUT COMPETITIVE NEUTRALITY . . . . . . . 485

PART 1—PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485

PART 2—COMPLAINT PROCESS FOR LOCAL GOVERNMENTBUSINESS ENTITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489


Division 2—Complaints about competitive neutrality . . . . . . . . . . . 490

Division 3—Investigation of complaints . . . . . . . . . . . . . . . . . . . . . . 493

Division 4—Reports on complaints . . . . . . . . . . . . . . . . . . . . . . . . . . 496

Division 5—General provisions about complaints process . . . . . . . . 498

Division 6—Provisions for Queensland Competition Authorityas referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500

PART 3—REFERENCES TO QUEENSLAND COMPETITIONAUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503

Division 1—Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503

306


Division 2—Institution of reference . . . . . . . . . . . . . . . . . . . . . . . . . . 504

Division 3—Reports of Queensland Competition Authorityabout references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507

PART 4—ACCREDITATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509

PART 5—MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516

CHAPTER 12—LOCAL LAWS AND LOCAL LAW POLICIES . . . . . . . . . . . . . . 518

PART 1—PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518

Division 1—Object and application . . . . . . . . . . . . . . . . . . . . . . . . . . 518

Division 2—Local laws and related concepts . . . . . . . . . . . . . . . . . . 519

PART 2—MAKING LOCAL LAWS AND LOCAL LAW POLICIES . . . . . 521

Division 1—Making model local laws . . . . . . . . . . . . . . . . . . . . . . . . 521

Division 2—Making interim local laws . . . . . . . . . . . . . . . . . . . . . . . 523

Division 3—Making other local laws . . . . . . . . . . . . . . . . . . . . . . . . . 525

Division 4—Making local law policies . . . . . . . . . . . . . . . . . . . . . . . 532

Division 5—Anti-competitive provisions of proposed local lawsand proposed local law policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536

PART 3—PUBLIC ACCESS TO LOCAL LAWS ANDLOCAL LAW POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541

PART 4—STATUS OF LOCAL LAWS AND LOCALLAW POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541

CHAPTER 13—LOCAL GOVERNMENT INFRASTRUCTURE . . . . . . . . . . . . . . 543

PART 1—EXTENDED APPLICATION OF CHAPTER . . . . . . . . . . . . . . . . 543

PART 2—ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543

Division 1—Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543

Division 2—Realignment and widening of roads . . . . . . . . . . . . . . . 544

Division 3—Opening and closure of roads . . . . . . . . . . . . . . . . . . . . . 549


PART 3—MALLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

PART 4—MARINE AND AQUATIC MATTERS . . . . . . . . . . . . . . . . . . . . . 554

PART 5—LOCAL GOVERNMENT CONTROL OVER LEVEE BANKS . . 557

Division 1—Jurisdiction of local governments . . . . . . . . . . . . . . . . . 557

Division 2—Control of levee banks . . . . . . . . . . . . . . . . . . . . . . . . . . 557

Division 3—Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560

Division 4—Effect of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564

307


CHAPTER 14—RATES AND CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565

PART 1—GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565

Division 1—Rateable land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565

Division 2—Averaging of valuations . . . . . . . . . . . . . . . . . . . . . . . . . 566

PART 2—MAKING AND LEVYING RATES AND CHARGES . . . . . . . . . 568

PART 3—CATEGORISATION OF LAND FOR DIFFERENTIALRATING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576

Division 1—Categorisation of land . . . . . . . . . . . . . . . . . . . . . . . . . . 576

Division 2—Entry on land for categorisation . . . . . . . . . . . . . . . . . . . 577

Division 3—Notice of categorisation . . . . . . . . . . . . . . . . . . . . . . . . . 578

Division 4—Objections and appeals . . . . . . . . . . . . . . . . . . . . . . . . . 579

Division 5—Late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582

PART 4—LAND RECORD OF LOCAL GOVERNMENT . . . . . . . . . . . . . . 583

Division 1—Land record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583

Division 2—Appeal against amendment of land record . . . . . . . . . . 585

Division 3—Notices of change in ownership . . . . . . . . . . . . . . . . . . . 587

PART 5—LEVYING AND PAYMENT OF RATES . . . . . . . . . . . . . . . . . . . 589

Division 1—Levying of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589

Division 2—Payment of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590

Division 3—Overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592

Division 4—Discounts and other benefits for prompt paymentof rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593

Division 5—Changes to land that affect rates . . . . . . . . . . . . . . . . . . 594


Subdivision 2—Changes affecting rates . . . . . . . . . . . . . . . . . 595

PART 6—CONCESSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597

PART 7—RECOVERY OF RATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601


Division 2—Recovery of overdue rates . . . . . . . . . . . . . . . . . . . . . . . 601

Division 3—Sale of land for overdue rates . . . . . . . . . . . . . . . . . . . . 602

Division 4—Acquisition by local government of valueless land . . . 607

Division 5—Provisions about dealing with land under this part . . . 608

308


CHAPTER 15—PROVISIONS AIDING LOCAL GOVERNMENT . . . . . . . . . . . . . 610

PART 1—EXTENDED APPLICATION OF CHAPTER . . . . . . . . . . . . . . . . 610

PART 2—POWERS UNDER THIS CHAPTER . . . . . . . . . . . . . . . . . . . . . . 611

PART 3—RIGHT TO TAKE MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . 611

PART 4—EXECUTION OF LOCAL GOVERNMENT ACTS . . . . . . . . . . . 613

Division 1—Compliance with requirements of localgovernment Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613

Division 2—Entry on land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617

Division 3—General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618

PART 5—ENFORCEMENT OF LOCAL GOVERNMENT ACTS . . . . . . . 623

Division 1—Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623

Division 2—Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624

Division 3—Infringement notice offences . . . . . . . . . . . . . . . . . . . . . 626

Division 4—Investigations about offences . . . . . . . . . . . . . . . . . . . . . 627

Division 5—Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628

Division 6—Monitoring authorisations and notices and processingapplications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631

Division 7—Approved inspection programs . . . . . . . . . . . . . . . . . . . . 632

Division 8—Powers on entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634

Division 9—Other enforcement matters . . . . . . . . . . . . . . . . . . . . . . . 635

Division 10—Special provisions for local laws about dogs . . . . . . . 636

PART 6—LEGAL PROCESSES INVOLVING LOCALGOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 637

PART 7—EVIDENTIARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639

PART 8—GENERAL ADMINISTRATIVE MATTERS . . . . . . . . . . . . . . . . 642

CHAPTER 16—LOCAL GOVERNMENT STAFF . . . . . . . . . . . . . . . . . . . . . . . . . . 645

PART 1—CORPORATE STRUCTURE AND STAFF RESOURCES . . . . 645

PART 2—EMPLOYMENT OF STAFF AND PERSONNELPRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645

PART 3—CHIEF EXECUTIVE OFFICER AND OTHER EMPLOYEES . . 647

PART 4—OBLIGATIONS OF LOCAL GOVERNMENT EMPLOYEES . . 650

PART 5—DISCIPLINARY ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 655

PART 6—APPEALS ABOUT DISCIPLINARY ACTION . . . . . . . . . . . . . . 658

309


CHAPTER 17—SUPERANNUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665

PART 1—INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665

PART 2—QUEENSLAND LOCAL GOVERNMENTSUPERANNUATION BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668

Division 1—Establishment, functions and powers of board . . . . . . . 668

Division 2—Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669


PART 3—LOCAL GOVERNMENT SUPERANNUATION SCHEME . . . . 670

Division 1—Continuation and membership of scheme . . . . . . . . . . . 670

Division 2—Contributions for permanent employees . . . . . . . . . . . . 671

Division 3—Contributions for non-contributory members . . . . . . . . . 673



CHAPTER 18—GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675

PART 1—LOCAL GOVERNMENT ASSOCIATION . . . . . . . . . . . . . . . . . . 675


CHAPTER 19—TRANSITIONAL, VALIDATION AND SAVINGSPROVISIONS, REPEALS AND AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 679

PART 1—TRANSITIONAL, VALIDATION AND SAVINGSPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679


Division 2—Financial operation and accountability . . . . . . . . . . . . 681

Division 3—Local laws and local law policies . . . . . . . . . . . . . . . . . 682

Division 4—Anti-competitive provisions of existing local lawsand existing local law policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685

Subdivision 1—Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . 685

Subdivision 2—Anti-competitive provisions of existinglocal laws and existing local law policies . . . . . . . . . . . . . . . 686

Division 5—Transitional and savings provisions for amendmentsunder Local Government Legislation Amendment Act 1996 . . . . . . 692

ENDNOTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693

1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693

2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . 693

3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694

310


4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694

5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695

6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695

7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698

8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747

9 Schedule of renumbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7489

311


TABLE OF PROVISIONS

Section Page

CHAPTER 7—FINANCIAL OPERATION ANDACCOUNTABILITY OF LOCAL GOVERNMENTS

PART 1—LOCAL GOVERNMENT FINANCE STANDARDS

502 Issue of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343

503 Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345

PART 2—CORPORATE AND OPERATIONAL PLANS

504 Preparation and adoption of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . 345

505 Period of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345

506 Amendment of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345

507 Requirements of corporate plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345

508 Preparation and adoption of operational plan . . . . . . . . . . . . . . . . . . . . . . . 346

509 Amendment of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

510 Requirements of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

511 Compliance with corporate and operational plans . . . . . . . . . . . . . . . . . . . 346

512 Evaluation of activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

513 Copies of plans to be available for inspection and purchase . . . . . . . . . . . 347

PART 3—FUNDS AND ACCOUNTING PROCEDURES

514 Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347

515 Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347

516 Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347

517 Compliance with sound accounting principles and procedures . . . . . . . . . 348

PART 4—BUDGET

518 Adoption of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348

519 Requirements of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349

520 Content of operating fund budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349

521 Financial information to be presented to budget meeting . . . . . . . . . . . . . 350

522 Spending of local government pending adoption of budget . . . . . . . . . . . . 350

523 Councillors’ liability for disbursements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350

524 Budgets to be available for inspection and purchase . . . . . . . . . . . . . . . . . 351

312


PART 5—BORROWING AND INVESTMENT

525 Local governments are statutory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352

526 Councillors’ liability for unauthorised borrowings . . . . . . . . . . . . . . . . . . . . 352

PART 6—ACCOUNTS

527 Accounting records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353

528 Statements of account to be presented to local government . . . . . . . . . . . 353

529 Statements of accounts open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . 353

PART 7—AUDIT

530 General reporting provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354

PART 8—ANNUAL REPORT

531 Annual report to be prepared and adopted . . . . . . . . . . . . . . . . . . . . . . . . . . 354

532 Content of report about financial position of local government . . . . . . . . . 355

533 Content of report about implementing corporate and operational plans . . 355

534 Content of report about other issues of public interest . . . . . . . . . . . . . . . . 355

535 Copies of report to be available for inspection and purchase . . . . . . . . . . 356

PART 9—DUTIES ABOUT PROPERTY STOLEN ORUNACCOUNTED FOR

536 Report of missing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

537 Local Government to take part in prosecution . . . . . . . . . . . . . . . . . . . . . . 357

PART 10—JOINT LOCAL GOVERNMENTS

538 Contribution by component local governments . . . . . . . . . . . . . . . . . . . . . . 357

539 Notice for contribution to joint local government . . . . . . . . . . . . . . . . . . . . 358

540 Results of failure to pay contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

541 Adoption of a budget by joint local government for part of a year . . . . . . 358

542 Disbursement of surplus in operating fund of joint local government . . . . 359

CHAPTER 8—NATIONAL COMPETITION REFORM OFSIGNIFICANT BUSINESS ACTIVITIES

PART 1—OBJECT AND APPLICATION

543 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

544 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

PART 2—DEFINITIONS

545 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359

313


PART 3—IDENTIFICATION OF NEW TYPE 1 AND 2 BUSINESSACTIVITIES

546 Minister to decide threshold amounts for identifying new type 1 or 2 business activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363

547 Annual review of business activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364

548 Notice to Minister of new type 1 or 2 business activities . . . . . . . . . . . . . 364

PART 4—PUBLIC BENEFIT ASSESSMENT OF SIGNIFICANTBUSINESS ACTIVITIES

Division 1—Subject matter of public benefit assessments

549 Matters to be addressed by public benefit assessment for type 1 or new type 1 business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365

550 Matters to be addressed by public benefit assessment for type 2 or new type 2 business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366

551 What is corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366

552 What is commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367

553 What is full cost pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

Division 2—Content of public benefit assessment report

554 Matters to be addressed in public benefit assessment reports . . . . . . . . . . 368

Division 3—Local government to undertake assessments

555 Public benefit assessments to be undertaken . . . . . . . . . . . . . . . . . . . . . . . 369

556 Fresh public benefit assessment if reforms not implemented within 3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370

557 Local government to resolve on assessment and report process . . . . . . . . 370

558 Timing for assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371

559 Regulation about public benefit assessment and public benefit assessment reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372

Division 4—Action to be taken on public benefit assessment reports

560 Object of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372

561 Local government to give public notice of public benefit assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372

562 Public access to public benefit assessment reports . . . . . . . . . . . . . . . . . . 373

563 Local government to resolve whether to implement reforms . . . . . . . . . . . 373

564 Timetable for implementation of reforms . . . . . . . . . . . . . . . . . . . . . . . . . . 374

565 Notice to Minister of resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374

566 Reforms not implemented, may later be implemented . . . . . . . . . . . . . . . 374

314


PART 5—FULL COST PRICING FOR SIGNIFICANT BUSINESSACTIVITIES

567 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

568 Meaning of “full cost pricing” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375

569 Guarantees by State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

570 Local government to implement full cost pricing for significant business activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

PART 6—COMMERCIALISATION OF SIGNIFICANTBUSINESS ACTIVITIES

Division 1—Preliminary


Division 2—Background and objectives of part

572 Objectives of commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377

573 How objectives of commercialisation are to be achieved—key principles and their elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377

574 Key objectives of commercial business units under commercialisation . . 377

Division 3—Interpretation

575 Meaning of “commercialisation” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378

576 Meaning of “key principles of commercialisation” . . . . . . . . . . . . . . . . . . 378

577 Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380

Division 4—Establishment of commercial business unit

578 Local government to establish commercial business unit . . . . . . . . . . . . . 381

Division 5—Operations of commercial business unit

579 Additional requirements for corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . 381

580 Performance plan for commercial business units . . . . . . . . . . . . . . . . . . . . 381

Division 6—Annual statement of operations on commercial businessunit

581 Annual statement of operations on commercial business unit . . . . . . . . . . 382

582 Commonwealth and State tax equivalents . . . . . . . . . . . . . . . . . . . . . . . . . 382

583 Guarantees by State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

PART 7—LOCAL GOVERNMENT OWNED CORPORATIONS


Subdivision 1—Application of part


315


Subdivision 2—Outline of part and its background and objectives

585 What this part provides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384

586 Objectives of corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

587 How objectives of corporatisation are to be achieved—key principles and their elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

588 Key objectives of corporatised corporation under corporatisation . . . . . . . 385

Subdivision 3—Interpretation

589 Meaning of “corporatisation” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

590 Meaning of “key principles of corporatisation” . . . . . . . . . . . . . . . . . . . . . 386

591 Meaning of “statement of corporate intent” . . . . . . . . . . . . . . . . . . . . . . . . 388

592 Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388

593 References to doing of act by corporatised corporation . . . . . . . . . . . . . . . 391

594 References to local governments etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392

Subdivision 4—Corporatised corporation not a local government

595 Corporatised corporation not a local government . . . . . . . . . . . . . . . . . . . . 392

Subdivision 5—Operation of part and application of laws

596 Extraterritorial operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393

597 Application of existing laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393

598 Delegation of powers for corporatised corporations . . . . . . . . . . . . . . . . . . 393

Division 2—Mechanisms for creating LGOCs and subsidiaries

Subdivision 1—Proposal for corporatisation

600 Local government proposes corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . 394

601 Nomination of candidate LGOC or LGOC’s subsidiary . . . . . . . . . . . . . . . 395

Subdivision 2—Preparation of corporatisation charter—preliminary

602 Meaning of “corporatisation charter” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

603 Candidate LGOC’s business may become business of LGOC following corporatisation charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

Subdivision 3—Preparation of corporatisationcharter—establishment committee

604 Establishment committee to be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . 396

605 Composition of establishment committee . . . . . . . . . . . . . . . . . . . . . . . . . . 396

606 Procedure for appointment of establishment committee . . . . . . . . . . . . . . 397

607 Draft corporatisation charter to be given to local government . . . . . . . . . . 397

316


Subdivision 4—Preparation of corporatisationcharter—requirements for charter

608 Matters to be included in draft corporatisation charter . . . . . . . . . . . . . . . . 398

609 Other matters relevant to draft corporatisation charter preparation . . . . . . 398

Subdivision 5—Corporatisation charter—approvals

610 Approval of draft corporatisation charter . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

611 Approval of amendments of corporatisation charter . . . . . . . . . . . . . . . . . . 399

612 Corporatisation charter open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . 399

613 Deletion of commercially sensitive matters from corporatisation charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399

Subdivision 6—Corporatisation charter—expiry of chartertransitional part

614 Expiry of charter transitional part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

Subdivision 7—Corporatisation facilitative mechanisms—significantbusiness entities

615 Purpose of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

616 Significant business entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

617 Transfer of assets, liabilities etc. to significant business entity . . . . . . . . . 401

Subdivision 8—Significant business entities—directors andemployees

618 Composition of boards including councillors and local government employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

619 Remuneration and allowances to directors of significant business entities who are councillors or employees of a local government . . . . . . . 404

620 Restrictions on councillors and employees being directors . . . . . . . . . . . . 404

621 Prohibition on councillors being employees . . . . . . . . . . . . . . . . . . . . . . . . 405

Subdivision 9—Interim board

622 Interim board of directors for significant business entity . . . . . . . . . . . . . . 405

623 Application of certain provisions about directors and executives to significant business entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Subdivision 10—Corporatisation facilitative mechanisms—general

624 Assistance to significant business entities . . . . . . . . . . . . . . . . . . . . . . . . . . 407

625 Share capital and issue of shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

626 Variation of share capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

627 Division does not affect existing legal relationships . . . . . . . . . . . . . . . . . 408

317


628 Local government may deal with other matters . . . . . . . . . . . . . . . . . . . . . 409

Subdivision 11—Acting chief executive officer of significantbusiness entity on corporatisation

629 Appointment of acting chief executive officer for significant business entity on corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409

Division 3—Local government owned corporations and subsidiaries

Subdivision 1—Declaration of LGOCs and subsidiaries

630 Declaration of entity as LGOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410

631 Requirements for LGOCs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410

632 Declaration of entity as subsidiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410

633 Requirements for subsidiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411

634 Declaration does not affect legal personality etc. . . . . . . . . . . . . . . . . . . . . 411

Subdivision 2—Application of Corporations Law

635 Corporations Law does not apply to corporatised corporations . . . . . . . . . 411

636 Corporatised corporation exempt public authority . . . . . . . . . . . . . . . . . . . 411

Subdivision 3—Shares of corporatised corporations

637 Local governments to be shareholders of LGOCs . . . . . . . . . . . . . . . . . . . . 412

638 LGOC to be shareholder of LGOC’s subsidiary . . . . . . . . . . . . . . . . . . . . . . 412

639 If 2 or more local governments are shareholders, shares and entitlements apportioned by agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412

640 Variation of shares and share capital of corporatised corporation . . . . . . . 412

641 Transfer, issue etc. of shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413

642 Shareholders must act jointly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413

Subdivision 4—Shareholders and councillors

643 Appointment of councillors as shareholder’s delegates . . . . . . . . . . . . . . . 413

Subdivision 5—Board of directors

644 Corporatised corporation to have board of directors . . . . . . . . . . . . . . . . . . 415

645 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415

646 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415

647 Additional provisions about board—div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 416

648 First board of LGOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416

649 First board of LGOC subsidiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416

318


Subdivision 6—Chief executive officer

650 Corporatised corporations to have chief executive officer . . . . . . . . . . . . . 417

651 Duties of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417

652 Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417

653 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417

654 Additional provisions about chief executive officer—div 6 . . . . . . . . . . . . 418

Subdivision 7—Corporate plan—general

655 LGOC must have corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418

656 Corporate plan to apply to subsidiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418

Subdivision 8—Preparation, agreement on and changes to corporateplan

657 Draft corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418

658 Duration of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418

659 Special procedures in relation to draft corporate plan . . . . . . . . . . . . . . . . 419

660 Corporate plan on agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419

661 Corporate plan pending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419

662 Changes to corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420

663 Corporate plan open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420

664 Deletion of commercially sensitive matters from corporate plan . . . . . . . 421

Subdivision 9—Statement of corporate intent—general

665 Corporatised corporations must have statements of corporate intent . . . . 421

666 LGOC’s statement of corporate intent must be consistent with corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421

667 Subsidiary’s statement of corporate intent to be consistent with LGOC’s corporate plan and statement of corporate intent . . . . . . . . . . . . . 422

Subdivision 10—Matters to be included in statement of corporateintent

668 Matters to be included in statement of corporate intent . . . . . . . . . . . . . . . 422

669 Deletion of commercially sensitive matters from statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423

Subdivision 11—Preparation, agreement on and modification ofstatement of corporate intent

670 Draft statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424

671 Consultation with industrial organisations etc. . . . . . . . . . . . . . . . . . . . . . . 425

319


672 Special procedures in relation to draft statement of corporate intent . . . . 425

673 Statement of corporate intent on agreement . . . . . . . . . . . . . . . . . . . . . . . . 425

674 Statement of corporate intent pending agreement . . . . . . . . . . . . . . . . . . . 426

675 Changes to statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . 426

676 Statement of corporate intent open to inspection . . . . . . . . . . . . . . . . . . . . 427

Subdivision 12—Community service obligations

677 Meaning of “community service obligations” . . . . . . . . . . . . . . . . . . . . . . . 427

678 Community service obligations to be stated in statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428

Subdivision 13—General reserve powers of shareholder

679 Reserve power of shareholder to give directions to LGOC in public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428

Subdivision 14—Suspected insolvency from directions

680 Notice of suspected insolvency because of direction . . . . . . . . . . . . . . . . . 429

Subdivision 15—Limitation on local government directions

681 Corporatised corporation and board not otherwise subject to local government direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431

Subdivision 16—Reports and other accountability matters

682 Application of Financial Administration and Audit Act . . . . . . . . . . . . . . . 431

683 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432

684 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432

685 Annual report open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434

686 Omission of certain matters from annual report etc. . . . . . . . . . . . . . . . . . . 434

687 LGOC board to keep shareholder informed . . . . . . . . . . . . . . . . . . . . . . . . . 435

Subdivision 17—Duties and liabilities of directors and other officers

688 Disclosure of interests by directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436

689 Voting by interested director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436

690 Duty and liability of certain officers of corporatised corporation . . . . . . . 437

691 Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439

692 When corporatised corporation not to indemnify officers . . . . . . . . . . . . . . 440

693 Corporatised corporation not to pay premiums for certain liabilities of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441

694 Director’s duty to prevent insolvent trading . . . . . . . . . . . . . . . . . . . . . . . . . 441

695 Court may order compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442

320


696 Examination of persons concerned with corporatised corporations . . . . . . 443

697 Power to grant relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445

698 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . 446

699 Notice of suspected insolvency otherwise than because of direction . . . . 447

Subdivision 18—Legal capacity and powers

700 Objects of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448

701 General powers of corporatised corporations . . . . . . . . . . . . . . . . . . . . . . . . 449

702 Restrictions on powers of corporatised corporations . . . . . . . . . . . . . . . . . . 450

703 Persons having dealings with corporatised corporations etc. . . . . . . . . . . . 451

704 LGOC may direct subsidiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

705 Subsidiaries must comply with directions . . . . . . . . . . . . . . . . . . . . . . . . . . 453

706 Sections 704 and 705 not limiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

Subdivision 19—Finance—taxation

707 State taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

708 Commonwealth and State tax equivalents . . . . . . . . . . . . . . . . . . . . . . . . . 454

Subdivision 20—Finance—borrowings and guarantees

709 Guarantees by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

710 Payment for cost of funds advantage of guarantees by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

Subdivision 21—Finance—dividends

711 Payment of dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

712 Interim dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

713 Dividend payment for financial year of becoming a corporatised corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Subdivision 22—Acquisition and disposal of assets and subsidiaries

714 Reserve power of shareholder to direct that asset not be disposed of . . . . 457

715 Disposal of main undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

716 Acquiring of other subsidiaries prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Subdivision 23—Employees

717 Employees of corporatised corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

718 Terms of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

719 Arrangements relating to staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

720 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

321


721 Superannuation for officers and employees of corporatised corporation who were previously officers of a local government . . . . . . . . 460

722 Preservation of leave and other entitlements of certain former employees of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461

Subdivision 24—Other matters

723 Corporatised corporation’s seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462

724 Change of functions and name of corporatised corporation . . . . . . . . . . . . 462

725 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462

726 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463

727 Application of Criminal Justice Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463

728 Application of Parliamentary Commissioner Act 1974 . . . . . . . . . . . . . . . 463

Division 4—Miscellaneous

729 Monitoring and assessment of corporatised corporations . . . . . . . . . . . . . . 464

730 Giving of documents to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465

731 Judicial notice of certain resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465

732 When resolutions amending certain resolutions take effect . . . . . . . . . . . . 465

733 Local governments and certain officers not directors etc. . . . . . . . . . . . . . 465

Division 5—Additional provisions relating to board of corporatisedcorporations

Subdivision 1—Composition of board

734 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466

735 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466

Subdivision 2—Meetings and other business of board

736 Meaning of “required minimum number” of directors . . . . . . . . . . . . . . . . 467

737 Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . . . . . . . . . 467

738 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467

739 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467

740 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468

741 Participation in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . . . . . . 468

742 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468

743 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Subdivision 3—Provisions relating to directors

744 Appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

322


745 LGOC director not to be chief executive officer or other employee of LGOC’s subsidiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

746 Procedure for appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

747 Terms of appointment not provided for under divs 1–4 . . . . . . . . . . . . . . . . 470

748 Appointment of acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

749 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

750 Termination of appointment as director . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

Division 6—Additional provisions relating to chief executive officers

751 Appointment of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

752 Local government employees cannot be chief executive officers of corporatised corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472

753 Director may be chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 472

754 Appointment of acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . 472

755 Terms of appointment not provided for under divs 1–4 . . . . . . . . . . . . . . . . 472

756 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472

757 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473

CHAPTER 9—CONDUCT OF COMPETITIVE BUSINESSACTIVITIES


758 Object of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473

759 Competitive neutrality principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473



761 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474

762 Meaning of “business activity” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475

PART 3—CODE OF COMPETITIVE CONDUCT

763 Code must be applied to roads business activities . . . . . . . . . . . . . . . . . . . 475

764 When code must be applied to other business activities . . . . . . . . . . . . . . 476

PART 4—ANNUAL REVIEW OF BUSINESS ACTIVITIES

765 Annual review of business activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476

766 Local government to resolve whether to apply code of competitive conduct to business activities . . . . . . . . . . . . . . . . . . . . . . . . . 476

767 Application of code of competitive conduct to other activities . . . . . . . . . 477

768 Information to be included in annual report . . . . . . . . . . . . . . . . . . . . . . . . . 477

323


CHAPTER 10—REFORM OF CERTAIN WATER ANDSEWERAGE SERVICES


769 Object of ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477


771 Meaning of relevant business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478


772 Definitions for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479

PART 3—ASSESSMENT OF COST EFFECTIVENESS OFTWO–PART TARIFFS FOR WATER SUPPLY

773 Assessment of cost effectiveness of two-part tariffs to be carried out . . . . 479

774 Local government to resolve on assessment and report process . . . . . . . . 480

775 Timing for assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480

776 Fresh assessment within 3 years if recommendation on two-part tariffs not implemented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481

777 Regulation about assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . . 481

PART 4—DECISION ON TWO–PART TARIFF REPORTS

778 Object of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481

779 Public access to two-part tariff reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481

780 Local government to resolve whether to apply two-part tariff . . . . . . . . . . 482

781 Timing for resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482

782 Notice to Minister of resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483

PART 5—IMPLEMENTATION OF CERTAIN CHARGINGARRANGEMENTS AND REPORTING PROCEDURES

783 Local governments to implement charging and operational arrangements for relevant business activities . . . . . . . . . . . . . . . . . . . . . . . 483

784 Start of work to apply two-part tariffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484

785 Timetable for implementing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . 484

786 Strategies for applying s 783(b) to (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484

CHAPTER 11—COMPLAINTS ABOUT COMPETITIVENEUTRALITY

PART 1—PRELIMINARY

787 Object of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485

788 Application of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485

324



790 Definitions for ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486

PART 2—COMPLAINT PROCESS FOR LOCAL GOVERNMENTBUSINESS ENTITIES



792 Affected persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489

Division 2—Complaints about competitive neutrality

793 Local government to establish complaint process . . . . . . . . . . . . . . . . . . . 490

794 Requirements for complaint process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 490

795 Grounds for complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491

796 Effect of complaint on activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491

797 Referee to act fairly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491

798 Matters to be considered by referee on complaint . . . . . . . . . . . . . . . . . . . 491

Division 3—Investigation of complaints

799 Requirement of referee to investigate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493

800 Investigation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494

801 Effect of giving an investigation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494

802 General procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495

803 Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495

804 Handling of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495

805 Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496

Division 4—Reports on complaints

806 Giving of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496

807 Contents of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497

808 Reports open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498

809 Local government decisions on recommendations . . . . . . . . . . . . . . . . . . . 498

Division 5—General provisions about complaints process

810 Disposal of documents held by referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498

811 Protection from liability of referee or person assisting referee . . . . . . . . . 499

812 Protection from liability of person giving information to referee . . . . . . . . 499

813 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499

814 Draft reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500

325


Division 6—Provisions for Queensland Competition Authority asreferee

815 Local government may resolve Queensland Competition Authority to be referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500

816 Application of complaints process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501

817 Making a complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501

818 Further information to support complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . 501

819 Application of part and Queensland Competition Authority Act 1997 . . . 502

820 Local government decisions on recommendations . . . . . . . . . . . . . . . . . . . 503

PART 3—REFERENCES TO QUEENSLAND COMPETITIONAUTHORITY

Division 1—Application of part


Division 2—Institution of reference

822 Reference of outcome of complaint to Queensland Competition Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504

823 Making a reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504

824 Request for referee’s documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505

825 Further information to support reference . . . . . . . . . . . . . . . . . . . . . . . . . . . 505

826 Matters to be considered by Queensland Competition Authority in considering reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505

827 Procedures for dealing with references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506

Division 3—Reports of Queensland Competition Authority aboutreferences

828 Giving of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507

829 Contents of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507

830 Reports open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508

831 Local government decisions about reports . . . . . . . . . . . . . . . . . . . . . . . . . . 508

PART 4—ACCREDITATION


833 Purpose of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509

834 Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510

835 Investigation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510

836 Matters to be considered by authority for investigation . . . . . . . . . . . . . . . 510

326


837 Procedures for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511

838 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512

839 Conditions on grant of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513

840 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513

841 Publication of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514

842 Period of effect of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514

843 Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514

844 Cancellation of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515

845 Lists of accreditations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516

PART 5—MISCELLANEOUS

846 Register of accreditations, complaints etc. . . . . . . . . . . . . . . . . . . . . . . . . . 516

847 Annual report to include summary of complaints and decisions by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517

CHAPTER 12—LOCAL LAWS AND LOCAL LAW POLICIES

PART 1—PRELIMINARY

Division 1—Object and application

848 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518

849 Application of chapter to Brisbane City Council . . . . . . . . . . . . . . . . . . . . 518

Division 2—Local laws and related concepts

850 Meaning of “local law” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519

851 Meaning of “model local law” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519

852 Meaning of “interim local law” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519

853 Meaning of “local law policy” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519

854 Local laws and local law policies about development . . . . . . . . . . . . . . . . 519

PART 2—MAKING LOCAL LAWS AND LOCAL LAWPOLICIES

Division 1—Making model local laws

855 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521

856 Model local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521

857 Step 1—make a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521

858 Step 2—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522

Division 2—Making interim local laws

859 Interim local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

327


860 Step 1—propose a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

861 Step 2—get Minister’s agreement to use interim local law process . . . . . 523

862 Step 3—make proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524


Division 3—Making other local laws


865 Local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525

866 Step 1—propose a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526

867 Step 2—ensure proposed law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526

868 Step 3—consult with public about proposed law . . . . . . . . . . . . . . . . . . . . 527

869 Step 4—give public access to proposed law . . . . . . . . . . . . . . . . . . . . . . . . 528

870 Step 5—accept and consider all submissions . . . . . . . . . . . . . . . . . . . . . . . 528

871 Step 6—decide whether to proceed with making proposed law . . . . . . . . 529

872 Step 7—again ensure proposed law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529

873 Step 8—make proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530


Division 4—Making local law policies


876 Local law policy process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532

877 Step 1—propose a policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532

878 Step 2—consult with public about proposed policy . . . . . . . . . . . . . . . . . . 532

879 Step 3—give public access to proposed policy . . . . . . . . . . . . . . . . . . . . . . 533

880 Step 4—accept and consider all submissions . . . . . . . . . . . . . . . . . . . . . . . 534

881 Step 5—make proposed policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534

882 Step 6—give public notice of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535

883 Early commencement under local law policy making process . . . . . . . . . 536

Division 5—Anti-competitive provisions of proposed local laws andproposed local law policies


885 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537

886 Local laws and local law policies not to be made unless local government complies with division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537

328


887 Review of proposed local law or proposed local law policy to identify possible anti-competitive provisions . . . . . . . . . . . . . . . . . . . . . . . 538

888 Public interest test of possible anti-competitive provisions . . . . . . . . . . . . 538

889 Local government to decide on test and report process . . . . . . . . . . . . . . . 538

890 Public interest test report to be presented to local government meeting . 539

891 Local government to resolve whether to implement recommendations of public interest test . . . . . . . . . . . . . . . . . . . . . . . . . . . 539

892 Public interest test reports are open to inspection . . . . . . . . . . . . . . . . . . . 540

893 Regulation about public interest tests and public interest test reports . . . 540

PART 3—PUBLIC ACCESS TO LOCAL LAWS AND LOCALLAW POLICIES

894 Laws and policies available for inspection and purchase . . . . . . . . . . . . . 541

895 Policy register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541

PART 4—STATUS OF LOCAL LAWS AND LOCAL LAWPOLICIES

896 Effect of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541

897 Extent to which local law policy is binding . . . . . . . . . . . . . . . . . . . . . . . . 542

898 Proof of local laws and local law policies . . . . . . . . . . . . . . . . . . . . . . . . . . 542

899 Local law and local law policy presumed to be within jurisdiction . . . . . 542

CHAPTER 13—LOCAL GOVERNMENT INFRASTRUCTURE

PART 1—EXTENDED APPLICATION OF CHAPTER


PART 2—ROADS

Division 1—Control of roads

901 Local governments’ control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543

Division 2—Realignment and widening of roads

902 Realignment of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544

903 Effect of notice of realignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544

904 Compensation for realignment of road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544

905 Claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545

906 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545

907 Assessment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546

908 Award of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546

909 Acquisition of land instead of compensation . . . . . . . . . . . . . . . . . . . . . . . . 546

329


910 Notice of realignment not effective in certain circumstances . . . . . . . . . . 547

911 Realignment not carried out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547

912 Compensation if realignment not carried out . . . . . . . . . . . . . . . . . . . . . . . 548

913 Acquisition of land for use as footpath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549

Division 3—Opening and closure of roads

914 Notice to local government of opening or closure of roads . . . . . . . . . . . . 549

915 Limited closure of roads by local government . . . . . . . . . . . . . . . . . . . . . . 550

Division 4—Miscellaneous

916 Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550

917 Fixing road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550

918 Compensation for change in road level . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551

919 Ancillary works and encroachments on roads . . . . . . . . . . . . . . . . . . . . . . . 551

920 Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552

921 Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552

PART 3—MALLS

922 Purpose of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

923 Closure of roads to traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

924 Provision of works for mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

925 Establishment of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

926 Closure of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553

927 Operation of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554

928 Control of vehicles and animals in malls . . . . . . . . . . . . . . . . . . . . . . . . . . 554

929 No entitlement to compensation for mall . . . . . . . . . . . . . . . . . . . . . . . . . . 554

PART 4—MARINE AND AQUATIC MATTERS

930 Ferry service in local government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554

931 Ferry service on boundary of local government areas . . . . . . . . . . . . . . . . 555

932 Lease of ferries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555

933 Local laws about ferries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555

934 Harbours, jetties, breakwaters and ramps . . . . . . . . . . . . . . . . . . . . . . . . . . 555

935 Management and regulation of bathing reserves . . . . . . . . . . . . . . . . . . . . . 556

936 Control of foreshore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557

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PART 5—LOCAL GOVERNMENT CONTROL OVER LEVEEBANKS

Division 1—Jurisdiction of local governments

937 Limited exclusion of jurisdiction of local government . . . . . . . . . . . . . . . . 557

Division 2—Control of levee banks

938 Regulation of levee banks etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557

939 Decision on application for permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558

940 Issue of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558

941 Application for permission for existing levee banks . . . . . . . . . . . . . . . . . . 559

Division 3—Appeals

942 Appeal against local government’s decision . . . . . . . . . . . . . . . . . . . . . . . . 560

943 Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560

944 Duties of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561

945 Appeal tribunal may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561

946 Appeal tribunal’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561

947 Representation before appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562

948 Prosecution of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562

949 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562

950 Duty of witness at appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563

951 Contempt of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563

952 Change of person forming appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 563

953 Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563

954 Recovery on orders of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564

Division 4—Effect of part

955 Effect of part on legal rights and remedies . . . . . . . . . . . . . . . . . . . . . . . . . 564

CHAPTER 14—RATES AND CHARGES

PART 1—GENERAL

Division 1—Rateable land

957 What land is rateable? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565

Division 2—Averaging of valuations


959 Local government may decide to average land values for rating purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566

331


960 Averaging over 3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566

961 Averaging over 2 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567

962 Information available to calculate “averaging factor” . . . . . . . . . . . . . . . . 568

PART 2—MAKING AND LEVYING RATES AND CHARGES

963 Power to make and levy rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . 568

964 Making of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568

965 General rate or differential general rates must be made each year . . . . . . 569

966 Differential general rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569

967 Minimum general rate levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569

968 Minimum general rate levy on time shared property . . . . . . . . . . . . . . . . . 569

969 Minimum general rate levy on mining tenements . . . . . . . . . . . . . . . . . . . 570

970 Unimproved value of mining claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571

971 Special rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571

972 Separate rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572

973 Utility charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572

974 General charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575

975 Register of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575

PART 3—CATEGORISATION OF LAND FOR DIFFERENTIALRATING

Division 1—Categorisation of land

976 Land must be categorised for differential general rates . . . . . . . . . . . . . . . 576

977 Establishing criteria and categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576

978 Identification of categories for parcels of land . . . . . . . . . . . . . . . . . . . . . . 576

979 Specification of categories for parcels of land . . . . . . . . . . . . . . . . . . . . . . 577

Division 2—Entry on land for categorisation

980 Meaning of “authorised person” for division . . . . . . . . . . . . . . . . . . . . . . . . 577

981 Purposes for which powers may be exercised . . . . . . . . . . . . . . . . . . . . . . . 577

982 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578

Division 3—Notice of categorisation

983 Notice to owner of categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578

Division 4—Objections and appeals

984 Owner’s objection to categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579

985 Decision on owner’s objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580

332


986 Effect of decision on objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580

987 Right of appeal against decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581

988 Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581

989 Constitution and procedure of Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . 581

990 Decision on appeal by Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582

991 Levy and recovery of rate unaffected by objection or appeal . . . . . . . . . . 582

Division 5—Late categorisation

992 Late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582

993 Time of effect of late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583

PART 4—LAND RECORD OF LOCAL GOVERNMENT

Division 1—Land record

994 Land record to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583

995 Land record open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584

996 Amendment of land record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584

997 Resolution to remove valueless land from land record . . . . . . . . . . . . . . . . 584

998 Restoration of valueless land to land record . . . . . . . . . . . . . . . . . . . . . . . . 585

Division 2—Appeal against amendment of land record

999 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585

1000 Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585

1001 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586

1002 Powers of Magistrates Courts on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 586

1003 Appeal to District Court on question of law only . . . . . . . . . . . . . . . . . . . . 586

Division 3—Notices of change in ownership

1004 Notice of sale of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587

1005 Notice of surrender or forfeiture to State . . . . . . . . . . . . . . . . . . . . . . . . . . . 587

1006 Notice of change in ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587

1007 Result of failure to give notice of change in ownership . . . . . . . . . . . . . . . 588

PART 5—LEVYING AND PAYMENT OF RATES

Division 1—Levying of rates

1008 Levying rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589

1009 Rate may be levied or adjusted after end of financial year . . . . . . . . . . . . 590

333


Division 2—Payment of rates

1010 Person who is liable to pay rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590

1011 Liability to pay rate if change of ownership . . . . . . . . . . . . . . . . . . . . . . . . 590

1012 Continuing responsibility for rates on land that ceases to be rateable land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590

1013 Where rates can be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591

1014 Time within which rates must be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591

1015 Payment by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591

Division 3—Overdue rates

1016 Meaning of “overdue rate” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592

1017 Recovery of overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593

1018 Overdue rates may bear interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593

Division 4—Discounts and other benefits for prompt payment ofrates

1019 Discount for payment within 30 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593

1020 Discount for payment within 60 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594

1021 Discount when special circumstances prevent prompt payment . . . . . . . . 594

1022 No discount if other rates are overdue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594

1023 Other benefits for prompt payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594

Division 5—Changes to land that affect rates

Subdivision 1—General

1024 Different period starts on day of change . . . . . . . . . . . . . . . . . . . . . . . . . . . 594

1025 Basis on which a rate is levied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595

1026 Rate levied for a period in which a change takes effect . . . . . . . . . . . . . . 595

Subdivision 2—Changes affecting rates

1027 Change in unimproved value of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595

1028 Land becomes or ceases to be rateable land . . . . . . . . . . . . . . . . . . . . . . . . 596

1029 Land included in a new rating category . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596

1030 Entitlement to occupy land is ended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596

PART 6—CONCESSIONS

1031 Remission, composition and settlement of rates . . . . . . . . . . . . . . . . . . . . . 597

1032 Deferral of liability to pay rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 598

334


1033 Resort to remission, composition, settlement or deferral requires justification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599

1034 Remission for occupancy by pensioners . . . . . . . . . . . . . . . . . . . . . . . . . . . 600

1035 Conditions on exercise of concession powers . . . . . . . . . . . . . . . . . . . . . . . 600

1036 Limitation of increase in rate levied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601

PART 7—RECOVERY OF RATES

Division 1—Extended application of part

1037 Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . 601

Division 2—Recovery of overdue rates

1038 Recovery by court action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601

Division 3—Sale of land for overdue rates


1040 Power of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602

1041 Local government must first give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 602

1042 Starting and ending of sale procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603

1043 Procedures for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603

1044 Reserve price at auction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604

1045 Sale by agreement after auction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605

1046 Unsold land acquired by local government . . . . . . . . . . . . . . . . . . . . . . . . . 605

1047 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605

1048 Sale operates as a discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606

1049 Issue of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606

1050 Acquisition by local government of title to land . . . . . . . . . . . . . . . . . . . . . 607

Division 4—Acquisition by local government of valueless land

1051 Purpose of this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607

1052 Local government must first give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 607

1053 Application to be registered as owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608

Division 5—Provisions about dealing with land under this part

1054 One instrument of title for conterminous land . . . . . . . . . . . . . . . . . . . . . . . 608

1055 Sale of land and title valid despite irregularities . . . . . . . . . . . . . . . . . . . . 608

1056 Restrictions on local government dealing with land . . . . . . . . . . . . . . . . . . 609

1057 Priority of State debts preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609

1058 Satisfaction of rates and charges on termination of tenure . . . . . . . . . . . . 610

335


CHAPTER 15—PROVISIONS AIDING LOCAL GOVERNMENT

PART 1—EXTENDED APPLICATION OF CHAPTER


PART 2—POWERS UNDER THIS CHAPTER

1060 Powers of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 611

PART 3—RIGHT TO TAKE MATERIALS

1061 Taking materials from land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 611

PART 4—EXECUTION OF LOCAL GOVERNMENT ACTS

Division 1—Compliance with requirements of local governmentActs

1062 Owner’s right of entry to comply with notice or order . . . . . . . . . . . . . . . . 613

1063 Order on occupier who refuses entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613

1064 Protection of owner against occupier’s obstruction . . . . . . . . . . . . . . . . . . . 615

1065 Discharge of obligations by occupier on failure of owner . . . . . . . . . . . . . 615

1066 Performing work for owner or occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615

1067 Cost of work recoverable as a rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616

1068 Cost of work a charge over land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616

1069 Limitation of time in absence of notice of work done . . . . . . . . . . . . . . . . 617

Division 2—Entry on land

1070 Entry on land for local government purposes . . . . . . . . . . . . . . . . . . . . . . . . 617

1071 Compensation for loss or damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618

Division 3—General

1072 Obstructing execution of local government Act etc. . . . . . . . . . . . . . . . . . . 618

1073 Police officer may require name and address . . . . . . . . . . . . . . . . . . . . . . . 619

1074 Direction power of police officers about malls . . . . . . . . . . . . . . . . . . . . . . 620

1075 Power to arrest persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620

1076 Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621

1077 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621

1078 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621

1079 Limitation on who may summarily hear indictable offence proceedings . 622

1080 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . 622

1081 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623

336


PART 5—ENFORCEMENT OF LOCAL GOVERNMENT ACTS

Division 1—Interpretation

1082 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623

1083 References to “local government” and “authorised person” . . . . . . . . . . . 623

Division 2—Authorised persons

1084 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624

1085 Limitation on authorised person’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . 624

1086 Authorised person’s appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . 624

1087 Authorised person’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 625

1088 Production of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 625

1089 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626

Division 3—Infringement notice offences

1090 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626

Division 4—Investigations about offences

1091 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627

1092 Agreement to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627

1093 Evidence of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628

Division 5—Warrants

1094 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628

1095 Warrants—applications made otherwise than in person . . . . . . . . . . . . . . . 629

Division 6—Monitoring authorisations and notices and processingapplications

1096 Monitoring authorisations and processing applications . . . . . . . . . . . . . . . 631

1097 Limitation on entry to residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631

Division 7—Approved inspection programs

1098 Approval of inspection program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632

1099 Notice of proposed inspection program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633

1100 Access to program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634

1101 Power of entry under approved inspection program . . . . . . . . . . . . . . . . . . 634

Division 8—Powers on entry

1102 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634

Division 9—Other enforcement matters

1103 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . 635

337


1104 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636

Division 10—Special provision for local laws about dogs

1105 Local laws about dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636

PART 6—LEGAL PROCESSES INVOLVING LOCALGOVERNMENTS

1106 Authentication of documents made by local governments . . . . . . . . . . . . . 637

1107 Service of documents on local governments . . . . . . . . . . . . . . . . . . . . . . . . 637

1108 Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 637

1109 Exemption from stating law in the case of substituted service . . . . . . . . . 638

1110 Service on time share owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 638

1111 Acting for local government in legal proceedings . . . . . . . . . . . . . . . . . . . 639

1112 Judiciary not disqualified from adjudicating . . . . . . . . . . . . . . . . . . . . . . . . 639

PART 7—EVIDENTIARY MATTERS

1113 Constitution and limits of local government need not be proved . . . . . . . 639

1114 Proof of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640

1115 Proof of proceedings of local government . . . . . . . . . . . . . . . . . . . . . . . . . . 640

1116 Evidentiary value of land record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640

1117 Evidentiary value of copies and certificates . . . . . . . . . . . . . . . . . . . . . . . . 641

1118 Proof of matters about roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641

1119 Proof of directions given to local government . . . . . . . . . . . . . . . . . . . . . . . 642

1120 Proof of orders for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642

1121 Proof of complainant’s knowledge of matter . . . . . . . . . . . . . . . . . . . . . . . . 642

PART 8—GENERAL ADMINISTRATIVE MATTERS

1122 Ownership of things in local government’s control . . . . . . . . . . . . . . . . . . . 642

1123 Insurance against liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643

1124 Notice of time share scheme to local government . . . . . . . . . . . . . . . . . . . 643

1125 Changes affecting time share schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 644

1126 Land registry searches free of charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 644

CHAPTER 16—LOCAL GOVERNMENT STAFF

PART 1—CORPORATE STRUCTURE AND STAFF RESOURCES

1127 Corporate structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645

1128 Resources for staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645

338


PART 2—EMPLOYMENT OF STAFF AND PERSONNELPRACTICES

1129 Employment of staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645

1130 Personnel practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 646

PART 3—CHIEF EXECUTIVE OFFICER AND OTHEREMPLOYEES

1131 Role of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647

1132 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647

1133 Selection of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648

1134 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648

1135 Requests to employees for help or advice . . . . . . . . . . . . . . . . . . . . . . . . . . 649

1136 Role of other local government employees . . . . . . . . . . . . . . . . . . . . . . . . . 649

1137 Concurrent employment of local government employees . . . . . . . . . . . . . 649

PART 4—OBLIGATIONS OF LOCAL GOVERNMENTEMPLOYEES

1138 Integrity of local government employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 650

1139 Registers of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650

1140 Access to register of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651

1141 Queries on content of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652

1142 Disclosure of employee’s interest in particular issues . . . . . . . . . . . . . . . . 653

1143 Improper conduct by local government employees . . . . . . . . . . . . . . . . . . . 654

1144 Indemnity for local government employees . . . . . . . . . . . . . . . . . . . . . . . . . 655

PART 5—DISCIPLINARY ACTION

1145 Limitations on who may take disciplinary action . . . . . . . . . . . . . . . . . . . . 655

1146 When disciplinary action may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . 655

1147 Types of disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 655

1148 Deductions from salary or wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656

1149 Suspension of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656

1150 Employee to be given notice of grounds for disciplinary action . . . . . . . . 657

PART 6—APPEALS ABOUT DISCIPLINARY ACTION

1151 Appeal against disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658

1152 Formation of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658

1153 Secretary of appeal tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658

339


1154 Expenses of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658

1155 Grounds of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659

1156 Decisions open to appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659

1157 Duties of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660

1158 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660

1159 Appeal tribunal may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660

1160 Preliminary hearing of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661

1161 Appeal tribunal’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661

1162 Prosecution of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662

1163 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662

1164 Duty of witness at appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662

1165 Leave for attending an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663

1166 Contempt of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663

1167 Change of person forming appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 663

1168 Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663

1169 Recovery on orders of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664

CHAPTER 17—SUPERANNUATION

PART 1—INTERPRETATION

1170 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665

1171 Meaning of “permanent employee” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667

PART 2—QUEENSLAND LOCAL GOVERNMENTSUPERANNUATION BOARD

Division 1—Establishment, functions and powers of board

1172 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668

1173 Legal status of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668

1174 Board’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668

1175 Board’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668

Division 2—Board of directors

1176 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669

1177 Role of the board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669

1178 Composition of board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669


1179 Delegation of board’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670

340


PART 3—LOCAL GOVERNMENT SUPERANNUATIONSCHEME

Division 1—Continuation and membership of scheme

1180 Scheme continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670

1181 Membership of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671

Division 2—Contributions for permanent employees

1182 Local governments’ liability for permanent employees . . . . . . . . . . . . . . . 671

1183 Permanent employees’ liability for contributions . . . . . . . . . . . . . . . . . . . . 672

1184 Additional contributions to scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 672

1185 Contributions may be deducted from employees’ salaries . . . . . . . . . . . . . 672

1186 Adjustment of contributions because of change in salary . . . . . . . . . . . . . 673

Division 3—Contributions for non-contributory members

1187 Local governments’ liability for non-contributory members . . . . . . . . . . . . 673


1188 Interest payable on outstanding contributions . . . . . . . . . . . . . . . . . . . . . . . 674


1189 Prohibition on local governments establishing certain superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674

1190 Management of other superannuation schemes . . . . . . . . . . . . . . . . . . . . . . 674

1191 Relevant persons superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . 675

1192 Auditor-general’s role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675

1193 Application of chapter to board’s employees . . . . . . . . . . . . . . . . . . . . . . . 675

CHAPTER 18—GENERAL

PART 1—LOCAL GOVERNMENT ASSOCIATION

1194 Establishment of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675

1195 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676

1196 Litigation of common interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676

1197 When payments by local governments are payable . . . . . . . . . . . . . . . . . . 676

1198 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677

1199 Annual balance and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677


1200 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677

1201 Delegation by chief executive of department . . . . . . . . . . . . . . . . . . . . . . . 678

341


1202 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678

1203 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678

1204 Declaration of existing electoral wards of City of Brisbane . . . . . . . . . . . 678

1205 Application of Freedom of Information Act and Judicial Review Act . . . 678

CHAPTER 19—TRANSITIONAL, VALIDATION AND SAVINGSPROVISIONS, REPEALS AND AMENDMENTS

PART 1—TRANSITIONAL, VALIDATION AND SAVINGSPROVISIONS


1206 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679

1207 References to “commencement day” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680

1208 References to local authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680

Division 2—Financial operation and accountability

1209 Administration of sinking fund for liquidation of current borrowings . . . . . 681

1210 Trustees are statutory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682

Division 3—Local laws and local law policies


1212 Status of pre-existing laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682

1213 Status of proposed laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682

1214 Review of pre-existing law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683

1215 Repeal if no review of pre-existing law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 684

1216 Expiry of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 684

Division 4—Anti-competitive provisions of existing local laws andexisting local law policies

Subdivision 1—Preliminary



1219 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685

Subdivision 2—Anti-competitive provisions of existing local lawsand existing local law policies

1220 Preliminary review of existing local laws and existing local law policies to identify likely anti-competitive provisions . . . . . . . . . . . . . . . . 686

1221 Timing of preliminary review and advice to Minister . . . . . . . . . . . . . . . . 686

342


1222 Local government may decide likely anti-competitive provision is not an anti-competitive provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687

1223 Public interest test of possible anti-competitive provisions . . . . . . . . . . . . 687

1224 Local government to decide on test and report process . . . . . . . . . . . . . . . 688

1225 Public interest test report to be presented to local government meeting . 689

1226 Local government to resolve whether to implement recommendations of public interest test . . . . . . . . . . . . . . . . . . . . . . . . . . . 689

1227 Public interest test reports open to inspection . . . . . . . . . . . . . . . . . . . . . . . 690

1228 Repeal or amendment of anti-competitive provision . . . . . . . . . . . . . . . . . 690

1229 Timing for resolution and implementation . . . . . . . . . . . . . . . . . . . . . . . . . . 691

1230 Simultaneous action under div 3 and other provisions . . . . . . . . . . . . . . . . 691

1231 Transitional regulation-making power about implementation of this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691

1232 Future identification and assessment of anti-competitive provisions . . . . 691

Division 5—Transitional and savings provisions for amendmentsunder Local Government Legislation Amendment Act 1996

1233 Local government commissioner reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 692

ENDNOTES

1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693

2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 693

3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694

4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694

5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695

6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695

7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698

8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747

9 Schedule of renumbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 748

s 502 343


s 502

LOCAL GOVERNMENT ACT 1993

[as amended by all amendments that commenced on or before 9 April 1999]

†CHAPTER 7—FINANCIAL OPERATION ANDACCOUNTABILITY OF LOCAL GOVERNMENTS

†PART 1—LOCAL GOVERNMENT FINANCESTANDARDS

˙Issue of standards

502.(1) The Minister may make standards (the “Local GovernmentFinance Standards”) about—

(a) the policies and principles to be complied with in financialmanagement, including internal audit, by—

(i) local governments; or

(ii) the trustees of a superannuation scheme (a “relevantsuperannuation scheme”) established by a localgovernment (whether alone or with other localgovernments); and

(b) the content of financial statements and annual reports by—

(i) local governments; or

(ii) the trustees of a relevant superannuation scheme; and

(c) any matter that is required or permitted to be prescribed bystandard; and

(d) requirements for full cost pricing and their application tosignificant business activities of local governments underchapter 8, part 5;135 and

135 Chapter 8, part 5 (Full cost pricing for significant business activities)

s 502 344


s 502

(e) commercialisation and its application to local governments’commercial business units under chapter 8, part 6; and

(f) corporatisation and its application to corporatised corporations oflocal governments under chapter 8, part 7;136 and

(g) a code of competitive conduct for application of competitiveneutrality principles to local governments’ business activities androads business activities under chapter 9; and

(h) facilitating the implementation of chapter 10137 including—

(i) charging arrangements for, and bases of operation of,relevant business activities providing water and sewerageservices; and

(ii) providing how the following are to be applied—

(A) consumption as the basis for utility charges for waterservices;

(B) full cost recovery for water and sewerage services;

(C) identification and disclosure of cross-subsidies betweenclasses of consumers and community serviceobligations in the provision of water and sewerageservices;

(D) disclosure of the classes of consumers who areprovided with water or sewerage services at an amountbelow full cost and the amount.

(2) Before making a standard, the Minister must consult with theauditor-general about the standard.

(3) The standards may include practice statements if the Ministerconsiders a uniform standard of practice or procedure is necessary ordesirable.

(4) In preparing standards, the Minister must have regard to relevantstandards made by appropriate professional bodies.

(5) A standard made under subsection (1) is subordinate legislation.

136 Chapter 8, part 7 (Local government owned corporations)

137 Chapter 10 (Reform of certain water and sewerage services)

s 503 345


s 507

˙Standards must be complied with

503. Every local government, and the trustees of every relevantsuperannuation scheme and significant business entity (including acorporatised corporation), must comply with the Local GovernmentFinance Standards.

†PART 2—CORPORATE AND OPERATIONAL PLANS

˙Preparation and adoption of corporate plan

504.(1) A local government must, from time to time, prepare and, byresolution, adopt a corporate plan.

(2) The local government must ensure each corporate plan is preparedand adopted in enough time, before the start of the first financial yearcovered by the plan, to allow preparation and adoption of a budget for thefinancial year consistent with the plan.

˙Period of corporate plan

505.(1) A corporate plan of a local government continues in force for theperiod specified in the plan or until the earlier adoption by the localgovernment of a new corporate plan.

(2) The specified period for a corporate plan must be at least 3 years.

˙Amendment of corporate plan

506. A local government may, by resolution, amend its corporate plan atany time.

˙Requirements of corporate plans

507. A corporate plan or amendment of a corporate plan—

(a) must comply with the Local Government Finance Standards; and

s 508 346


s 512

(b) must be open to inspection for 30 days at least before the localgovernment adopts the plan or amendment.

˙Preparation and adoption of operational plan

508.(1) A local government must, for each financial year, prepare and,by resolution, adopt an operational plan.

(2) The local government must ensure each operational plan is preparedand adopted in enough time, before the start of the financial year for whichit is prepared, to allow preparation and adoption of a budget for the financialyear consistent with the plan.

(3) When the plan is adopted by a local government, it becomes itsoperational plan for the financial year for which it is prepared.

˙Amendment of operational plan

509. A local government may, by resolution, amend an operational planat any time before the end of the financial year for which it is prepared.

˙Requirements of operational plan

510. A local government’s operational plan or an amendment of itsoperational plan must comply with the Local Government FinanceStandards and its corporate plan.

˙Compliance with corporate and operational plans

511. A local government’s exercise of the jurisdiction of localgovernment must be consistent with its corporate plan and operational plan.

˙Evaluation of activities

512.(1) A local government must make assessments of its progresstowards implementing its corporate and operational plans.

(2) The chief executive officer must present a written report on theassessments to a meeting of the local government at regular intervals, of notmore than 3 months, decided by it.

s 513 347


s 516

˙Copies of plans to be available for inspection and purchase

513.(1) A local government must have its corporate and operationalplans printed and a reasonable number of copies of the plans made.

(2) The local government must—

(a) keep the plans open for inspection; and

(b) make copies available for purchase at its public office at a pricenot more than the cost to the local government of producing thecopy and, if a copy is supplied to a purchaser by post, the cost ofpostage.

†PART 3—FUNDS AND ACCOUNTING PROCEDURES

˙Funds

514. A local government must establish and keep—

(a) an operating fund; and

(b) a trust fund.

˙Reserves

515.(1) A local government may establish specific reserves within itsoperating fund.

(2) It must keep separate accounting records for each reserve.

(3) Amounts held in a reserve that are no longer required may be appliedfor any purpose.

˙Trust fund

516.(1) A local government must credit to its trust fund—

(a) an amount paid to the local government—

(i) by way of deposit; or

s 517 348


s 518

(ii) in trust for a person; and

(b) an amount required by an Act to be paid to the trust fund.

(2) An amount credited to the trust fund must be applied—

(a) in payment to or for the person entitled to the amount accordingto law; or

(b) as required by the Act under which the amount was paid to thetrust fund.

(3) An amount credited to the trust fund may, with the Minister’s earlieragreement, be transferred to the operating fund if the purpose for which theamount was credited has ceased to exist.

(4) A local government must keep a separate account for its trust fund.

˙Compliance with sound accounting principles and procedures

517.(1) Payment to, and withdrawal from, funds kept by a localgovernment must be consistent with sound accounting principles andprocedures.

(2) A local government must establish and comply with—

(a) systems for managing its finances; and

(b) procedures for recording and reporting its financial operations andposition.

(3) The systems and procedures must comply with the LocalGovernment Finance Standards.

†PART 4—BUDGET

˙Adoption of budget

518.(1) A local government must adopt a budget for each financial yearfor its operating fund.

(2) The budget must be adopted—

s 519 349


s 520

(a) after 31 May before the financial year; and

(b) before—

(i) 1 September in the financial year; or

(ii) a later date fixed by the Minister.

˙Requirements of budgets

519.(1) The adoption of a budget, or an amendment, that does notcomply with this section is void.

(2) Each budget of a local government—

(a) must be developed consistently with its corporate plan andoperational plan; and

(b) must be clearly linked with the matters specified in the plans; and

(c) must comply with the Local Government Finance Standards.

(3) A local government may amend its budget for a financial year at anytime before the year ends.

(4) A local government may incur, for a purpose of genuine emergencyor hardship, spending that is not authorised by its budget.

˙Content of operating fund budgets

520.(1) A local government’s budget developed for its operating fundmust specify the following matters for the financial year—

(a) its estimated costs in total, and for each of its significant activities;

(b) the sources of funds necessary for spending provided for in thebudget;

(c) the local government’s revenue policy.

(2) The budget also must specify the matters mentioned insubsection (1), in general terms, for the next 2 financial years.

(3) The budget must be the basis on which rates are to be made andlevied by the local government for the financial year.

(4) For subsection (1)(a), the following are included as significant

s 521 350


s 523

activities of the local government—

(a) the local government’s significant business activities carried on,under chapter 8, part 5, on a full cost pricing basis;

(b) the activities of the local government’s commercial business unitsunder chapter 8, part 6;

(c) the local government’s significant business activities to whichchapter 10 applies.

˙Financial information to be presented to budget meeting

521.(1) The chief executive officer of a local government must present toits budget meeting for a financial year a document about the financialoperations and financial position of the local government for the previousfinancial year.

(2) If the budget meeting for a financial year is held in June, a documentpresented to the meeting under subsection (1)—

(a) must relate to the financial operations of the local government forthe financial year in which the meeting is held to the latest day towhich the document can reasonably be compiled; and

(b) must contain an estimate of the financial operations of the localgovernment from that day to the end of the financial year inwhich the meeting is held.

(3) The document must comply with the Local Government FinanceStandards.

˙Spending of local government pending adoption of budget

522. A local government may, in a financial year, incur spending beforeadoption of its budget for the year, but the spending must be provided for inthe appropriate budget for the year.

˙Councillors’ liability for disbursements

523.(1) This section applies if—

(a) a local government makes a disbursement in a financial year from

s 524 351


s 524

an operating fund; and

(b) the disbursement is not provided for in the budget adopted for thefund for the year.

(2) The councillors who knowingly agreed to the disbursement arejointly and severally liable to repay to the local government—

(a) the amount of the disbursement; and

(b) interest on the amount, calculated from the day of thedisbursement to the day of repayment, at the rate at which interestaccrues on overdue rates.

(3) However, subsection (2) does not apply if the disbursement wasmade for a purpose of genuine emergency or hardship.

(4) An amount for which councillors are jointly and severally liableunder subsection (2) may be recovered, as a debt payable to the localgovernment, by—

(a) the local government; or

(b) a person appointed by the Minister for the purpose; or

(c) an elector or ratepayer.

(5) An amount recovered by a person mentioned in subsection (4)(b) or(c) must be immediately paid to the local government.

˙Budgets to be available for inspection and purchase

524.(1) A local government must have its budget printed and areasonable number of copies of the budget made.


(a) keep the budget open for inspection; and


s 525 352


s 526

†PART 5—BORROWING AND INVESTMENT

˙Local governments are statutory bodies

525.(1) Under the Statutory Bodies Financial Arrangements Act 1982, alocal government is a statutory body.

(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B setsout the way in which the powers under this Act of a local government areaffected by the Statutory Bodies Financial Arrangements Act 1982.

˙Councillors’ liability for unauthorised borrowings

526.(1) If a local government borrows money—

(a) without authority conferred under the Statutory Bodies FinancialArrangements Act 1982; or

(b) for a purpose that is not a proper exercise of its jurisdiction; or

(c) in contravention of this Act;

the councillors who knowingly agreed to the borrowing are jointly andseverally liable to pay to the local government the amount borrowed and allinterest, and other penalties incurred by the local government, for theborrowing.

(2) An amount for which councillors are jointly and severally liableunder subsection (1) may be recovered, as a debt to the local governmentby—

(a) the local government; or

(b) a person appointed by the Minister for the purpose; or

(c) an elector or ratepayer.

(3) An amount recovered by a person mentioned in subsection (2)(b) or(c) must be immediately paid to the local government.

(4) This section must be given effect despite—

(a) the issue of a security for the borrowing by a local government;and

(b) the Statutory Bodies Financial Arrangements Act 1982.

s 527 353


s 529

†PART 6—ACCOUNTS

˙Accounting records to be kept

527.(1) A local government must keep accounting records that presentfairly its financial operations for a financial year and give a comparison withits budget for the year.

(2) The accounting records must be kept in a way that complies with theLocal Government Finance Standards.

˙Statements of account to be presented to local government

528.(1) The chief executive officer of a local government must presentstatements of its accounts to the local government.

(2) The statements must be presented—

(a) if the local government holds its ordinary meetings monthly orless frequently—to each meeting; or

(b) if the local government holds its ordinary meetings morefrequently—to a meeting in each month.

(3) Statements presented to a meeting must be for the period of thefinancial year up to a day as near as practicable to the end of the previousmonth.

(4) A statement must be consistent with the Local Government FinanceStandards.

˙Statements of accounts open to inspection

529. The statements presented under section 528 (Statements of accountto be presented to local government) are open to inspection.

s 530 354


s 531

†PART 7—AUDIT

˙General reporting provisions

530.(1) The auditor-general may prepare a report on any audit performedby the auditor-general for the purposes of this Act.

(2) A copy of the report must be given to—

(a) the Minister; and

(b) the mayor and chief executive officer of the relevant localgovernment.

(3) If the report is on an audit of the accounts of a scheme forsuperannuation benefits under section 238 (Superannuation benefits forcouncillors), a copy of the report also must be given to—

(a) the trustees of the scheme; and

(b) the mayor of the local government.

(4) The mayor must table a copy of any report at the next ordinarymeeting of the local government.

†PART 8—ANNUAL REPORT

˙Annual report to be prepared and adopted

531.(1) A local government must prepare an annual report for eachfinancial year.

(2) The report must be presented to the local government for adoption,and must be adopted by it before 30 November in the year after the end ofthe financial year to which the report relates.

(3) However, the Minister may allow a longer period for a localgovernment to comply with subsection (2).

s 532 355


s 534

˙Content of report about financial position of local government

532. An annual report must contain—

(a) the financial statements for the year as certified by theauditor-general; and

(b) the auditor-general’s certificate on the financial statements.

˙Content of report about implementing corporate and operationalplans

533. A local government’s annual report also must contain anassessment of its performance in implementing its corporate andoperational plans.

˙Content of report about other issues of public interest

534. In addition, a local government’s annual report must contain—

(a) details of its revenue policy for the financial year; and

(b) a list of all action taken under section 488(2) (Changes to tenders)during the year; and

(c) a list of all resolutions made during the year under section 489(1)(Short listing after calling for expressions of interest); and

(d) a list of the registers kept by it and open to inspection; and

(e) its policy on rebates and concessions for rates levied, andparticulars of all the rebates and concessions allowed; and

(f) a copy of any resolution made during the year authorising thepayment or provision of remuneration to councillors or membersof committees of the local government; and

(g) particulars of—

(i) the total remuneration paid or provided by it to each of itscouncillors during the year; and

(ii) the total superannuation contributions paid by it for each ofits councillors during the year; and

(h) details of the number of meetings attended by each councillor

s 535 356


s 536

during the year; and

(i) a statement of its activities during the year to implement its planfor equal opportunity in employment; and

(j) particulars of other issues relevant to making an informedassessment of its operations and performance in the financialyear; and

(k) particulars of issues required by the Local Government FinanceStandards; and

(l) names of shareholder’s delegates of the local government for itsLGOCs for the year under section 643; and

(m) particulars required to be included under section 847.

˙Copies of report to be available for inspection and purchase

535.(1) A local government must have the annual report adopted by itprinted and a reasonable number of copies of the report made.


(a) keep the report open to inspection; and


†PART 9—DUTIES ABOUT PROPERTY STOLEN ORUNACCOUNTED FOR

˙Report of missing property

536.(1) If a local government becomes aware that property of, orreceived by, it may have been stolen, the local government mustimmediately give written notice to—

(a) the police officer in charge of the police station at, or nearest to,

s 537 357


s 538

the place where the property is suspected to have been stolen; and

(b) the auditor-general.

(2) If a local government becomes aware that property of, or received byit, is missing, but the property is not suspected to have been stolen, the localgovernment must immediately give written notice to the auditor-general.

(3) Subsection (2) applies only to property that has a total value of atleast—

(a) $1 000; or

(b) if a greater amount is prescribed by regulation—the greateramount.

˙Local Government to take part in prosecution

537.(1) A local government must not—

(a) obstruct, attempt to obstruct or fail to take part in a prosecutionfor an offence committed in relation to property mentioned insection 536 (Report of missing property); or

(b) deliberately withhold evidence relevant to the prosecution.

(2) The local government must not promise—

(a) to do anything prohibited under subsection (1); or

(b) to secure discontinuance of the prosecution.

†PART 10—JOINT LOCAL GOVERNMENTS

˙Contribution by component local governments

538. Each component local government of a joint local government mustpay to the operating fund of the joint local government the proportionprescribed by regulation of the amount required in each financial year forthe operations of the joint local government.

s 539 358


s 541

˙Notice for contribution to joint local government

539.(1) To inform a component local government of the amount requiredto be paid by it in a financial year, a joint local government may issue acontribution notice.

(2) The contribution notice must—

(a) be signed by the president or deputy president, and bear thecommon seal of the joint local government; and

(b) specify the amount of contribution payable by the componentlocal government; and

(c) require the component local government to pay the specifiedamount on or before a specified day (not earlier than 30 days afterthe notice is given to the component local government).

˙Results of failure to pay contribution

540.(1) If a component local government liable to pay an amountspecified by a contribution notice fails to pay the amount to the joint localgovernment by the specified day or within a longer period allowed by thejoint local government—

(a) the unpaid amount bears interest at the rate decided by the jointlocal government; and

(b) the joint local government may recover the unpaid amount (andinterest).

(2) The rate of interest must not be more than—

(a) the rate prescribed by regulation; or

(b) if no rate is prescribed—15% a year.

˙Adoption of a budget by joint local government for part of a year

541.(1) This section applies to a joint local government if a regulationspecifies that its first budget must be for a specified part of a financial year.

(2) Section 518 (Adoption of budget) applies to the joint localgovernment’s first budget as if a reference to ‘financial year’ were areference to the specified part of the financial year.

s 542 359


s 545

˙Disbursement of surplus in operating fund of joint local government

542.(1) If at the end of a financial year there is a surplus in the operatingfund of a joint local government, the surplus may be disbursed to anypurpose within the jurisdiction of local government approved by all thecomponent local governments.

(2) Despite section 523 (Councillors’ liability for disbursements), apurpose to which the surplus is disbursed need not be a purpose within thejurisdiction of the joint local government.

†CHAPTER 8—NATIONAL COMPETITIONREFORM OF SIGNIFICANT BUSINESS

ACTIVITIES

†PART 1—OBJECT AND APPLICATION

˙Object

543. The object of this chapter is to provide ways to facilitate theimplementation of the National Competition Policy Inter-GovernmentalAgreements to the extent that the agreements are intended to be applied tosignificant business activities of local governments.

˙Application to Brisbane City Council

544. This chapter applies to the Brisbane City Council.

†PART 2—DEFINITIONS

˙Definitions for ch 8

545. In this chapter—

s 545 360


s 545

“business activity”, of a local government, means an activity of the localgovernment trading in goods and services to clients, including, forexample, providing cleansing services, water and sewerage services,off-street parking and cultural, sporting and recreational facilities, butdoes not include the construction or maintenance of roads orState-controlled roads or library services.

“Commonwealth tax” means tax imposed under a Commonwealth Act.

“Competition Principles Agreement” means the Competition PrinciplesAgreement made on 11 April 1995 between the Commonwealth, theState of New South Wales, the State of Victoria, the State ofQueensland, the State of Western Australia, the State of SouthAustralia, the State of Tasmania, the Australian Capital Territory andthe Northern Territory, as in force for the time being.

“Conduct Code Agreement” means the Conduct Code Agreement madeon 11 April 1995 between the Commonwealth, the State of NewSouth Wales, the State of Victoria, the State of Queensland, the Stateof Western Australia, the State of South Australia, the State ofTasmania, the Australian Capital Territory and the Northern Territoryof Australia, as in force for the time being.

“government tax” means tax imposed under a Commonwealth Act, or aState Act, including this Act.

“Implementation Agreement” means the Agreement to ImplementNational Competition Policy and Related Reforms made on 11 April1995 between the Commonwealth, the State of New South Wales, theState of Victoria, the State of Queensland, the State of WesternAustralia, the State of South Australia, the State of Tasmania, theAustralian Capital Territory and the Northern Territory of Australia, asin force for the time being.

“National Competition Policy Inter-Governmental Agreements”means the Conduct Code Agreement, the Competition PrinciplesAgreement and the Implementation Agreement.

“new type 1 business activity” means a business activity of a localgovernment identified by it as a new type 1 business activity undersection 547.

“new type 1 or 2 business activity” means a new type 1 business activity

s 545 361


s 545

or a new type 2 business activity.

“new type 2 business activity” means a business activity of a localgovernment identified by it as a new type 2 business activity undersection 547.

“public benefit assessment” means an assessment of a significantbusiness activity of a local government under this chapter.

“public benefit assessment report” means the report, includingrecommendations, on a public benefit assessment.

“significant business activity”, of a local government, means—

(a) a type 1 or 2 business activity; or

(b) a new type 1 or 2 business activity;

and includes a part of the activity.

“significant business entity” means an entity established by resolution ofa local government under part 7, and includes a significant businessentity after it becomes a corporatised corporation.

“State tax” means tax imposed under an Act, including this Act.

“tax” includes any charge, duty, fee, levy and rate.

“threshold amount”, for identifying a new type 1 or 2 business activity,see section 546.

“type 1 business activity” means the provision of the following—

(a) for Brisbane City Council—

• public transport services

• cleansing services

• water and sewerage services;

(b) for Gold Coast City Council—



(c) for Ipswich City Council—


s 545 362


s 545

(d) for Logan City Council—


(e) for Townsville City Council—

• water and sewerage services.

“type 1 or 2 business activity” means a type 1 business activity or a type2 business activity.

“type 2 business activity” means the provision of the following—

(a) for Caboolture Shire Council—


(b) for Cairns City Council—



(c) for Caloundra City Council—


(d) for Hervey Bay City Council—


(e) for Ipswich City Council—

• cleansing services;

(f) for Logan City Council—

• cleansing services;

(g) for Mackay City Council—


(h) for Maroochy Shire Council—



(i) for Noosa Shire Council—


(j) for Pine Rivers Shire Council—

s 546 363


s 546


(k) for Redland Shire Council—


(l) for Rockhampton City Council—


(m) for Thuringowa City Council—


(n) for Toowoomba City Council—


(o) for Townsville City Council—

• cleansing services.

†PART 3—IDENTIFICATION OF NEW TYPE 1 AND 2BUSINESS ACTIVITIES

˙Minister to decide threshold amounts for identifying new type 1 or 2business activities

546.(1) Before the end of each financial year, the Minister must decidefor the financial year amounts (the “threshold amounts”) for identifying abusiness activity that should be a new type 1 or 2 business activity.

(2) The Minister may decide threshold amounts only after consultationwith the Local Government Association.

(3) For identifying an activity that should be a new type 1 businessactivity, a threshold amount is an amount of expenditure the Ministerconsiders is the equivalent (at 30 June in the financial year in which theamount is decided after adjustment for actual or estimated cost of livingmovements and changes to applicable accounting systems) of currentexpenditure of—

(a) for water and sewerage combined activities—$25 million at

s 547 364


s 548

30 June 1993; or

(b) for other activities—$15 million at 30 June 1993.

(4) For identifying an activity that should be a new type 2 businessactivity, a threshold amount is an amount of expenditure the Ministerconsiders is the equivalent (at 30 June in the financial year in which theamount is decided after adjustment for actual or estimated cost of livingmovements and changes to applicable accounting systems) of currentexpenditure of—

(a) for water and sewerage combined activities—$7.5 million at30 June 1993; or

(b) for other activities—$5 million at 30 June 1993.

(5) The Minister must in the financial year in which threshold amountsare decided publish the threshold amounts by gazette notice.

˙Annual review of business activities

547.(1) As soon as practicable after its budget meeting for a financialyear (the “relevant year”), a local government must, for the financial year,identify its business activities that—

(a) are new type 1 or 2 business activities; and

(b) have not previously been identified as being significant businessactivities.

(2) For subsection (1), a business activity is a new type 1 or 2 businessactivity of a local government, if, based on financial information presentedto the local government’s budget meeting for the relevant year, the activityhad expenditure for the preceding financial year greater than the thresholdamount decided for the activity in that preceding financial year.

(3) A notice under section 546(5) may state matters in financialinformation presented to the budget meeting for a financial year, the localgovernment must, or must not, consider in deciding if an activity should bea new type 1 or 2 business activity for the following financial year.

˙Notice to Minister of new type 1 or 2 business activities

548. As soon as practicable after deciding a business activity is a new

s 549 365


s 549

type 1 or 2 business activity, a local government must give written notice tothe Minister.

†PART 4—PUBLIC BENEFIT ASSESSMENT OFSIGNIFICANT BUSINESS ACTIVITIES

†Division 1—Subject matter of public benefit assessments

˙Matters to be addressed by public benefit assessment for type 1 ornew type 1 business activity

549.(1) A public benefit assessment for a type 1 or new type 1 businessactivity must consider how the activity should be carried on by—

(a) reviewing the appropriateness of each of the following reformsfor the activity—

(i) corporatisation of the activity;

(ii) commercialisation of the activity;

(iii) full cost pricing for the activity; and

(b) concluding whether or not and, if so, to what extent, the benefitsthat would be realised from implementation of the reformsmentioned in paragraph (a) would outweigh the costs.

(2) An assessment may, and it is declared always could, consider—

(a) different reforms for separate parts of the activity; and

(b) sequential reforms for the whole or part of the activity.

Example for subsection (2)—

An assessment may consider whether the whole or part of an activity should bereformed and, in recommending reform of part of the activity, the public benefitassessment report could recommend that for the part—

(a) full cost pricing be implemented by 1 July 1999; and

(b) commercialisation be implemented by 1 July 2000; and

(c) the activity be corporatised by 1 July 2002.

s 550 366


s 551

˙Matters to be addressed by public benefit assessment for type 2 ornew type 2 business activity

550.(1) A public benefit assessment for a type 2 or new type 2 businessactivity must consider how the activity should be carried on by—

(a) reviewing the appropriateness of each of the following reformsfor the activity—

(i) commercialisation of the activity;

(ii) full cost pricing for the activity;

(iii) if the local government decides, by resolution, it isappropriate for consideration—corporatisation of the activity;and

(b) concluding whether or not and, if so, to what extent, the benefitsthat would be realised from implementation of the reformsmentioned in paragraph (a) would outweigh the costs.

(2) An assessment may, and it is declared always could, consider—








˙What is corporatisation

551.(1) For a public benefit assessment, corporatisation of a significantbusiness activity of a local government involves—

(a) the establishment of a legal entity for the activity separate from,but owned by, the local government and supported by a fullcorporate governance structure, including a board of directors;and

s 552 367


s 552

(b) the entity providing goods and services on a commercial basis;and

(c) the entity receiving subsidies to provide goods and services, ascommunity service obligations, that it would not otherwise be inthe commercial interests of the entity to provide.

(2) Implications of corporatisation include—

(a) the question of—

(i) payment of government taxes or retention by the localgovernment of amounts equivalent to taxes or rates; and

(ii) retention by the local government of amounts equivalent todebt guarantee fees for State guarantees; and

(b) compliance with Commonwealth, State and local governmentrequirements that apply only if the activity is carried on by aprivate sector business, such as those relating to the protection ofthe environment and planning and approval processes.

(3) If, before corporatisation of a significant business activity by a localgovernment, the local government is not liable to pay a State tax that wouldbe payable if the activity were corporatised, an amount equivalent to the taxis to be payable by the entity to the local government in place of payment ofthe tax to the State.

(4) Part 7 applies to the implementation of corporatisation for asignificant business activity of a local government.

˙What is commercialisation

552.(1) For a public benefit assessment, commercialisation of asignificant business activity of a local government involves—

(a) the activity being carried on by a business unit of the localgovernment that is not a legal entity separate from the localgovernment; and

(b) the unit providing goods and services on a commercial basis; and

(c) the unit receiving subsidies to provide goods and services, ascommunity service obligations, that it would not otherwise be inthe commercial interests of the unit to provide.

s 553 368


s 554

(2) Implications of commercialisation include—

(a) the question of retention by the local government of—

(i) amounts equivalent to government taxes that are nototherwise payable to the Commonwealth, State or localgovernment; and

(ii) amounts equivalent to debt guarantee fees for Stateguarantees; and

(b) compliance with Commonwealth, State and local governmentrequirements that apply only if the activity is carried on by aprivate sector business, such as those relating to the protection ofthe environment and planning and approval processes.

(3) Part 6 applies to the commercialisation of a significant businessactivity of a local government.

˙What is full cost pricing

553.(1) For a public benefit assessment, full cost pricing for a significantbusiness activity means prices are charged for goods and services takinginto account the full cost of providing the goods or services includingestimates of the amounts mentioned in section 552(2)(a).138

(2) Part 5 applies to the application of full cost pricing for a significantbusiness activity of a local government.

†Division 2—Content of public benefit assessment report

˙Matters to be addressed in public benefit assessment reports

554.(1) A public benefit assessment report must include—

(a) a statement on whether or not and, if so, to what extent, thebenefits that would be realised from implementation of any of thereforms considered under section 549 or 550 would outweigh thecosts; and

138 Section 552 (What is commercialisation)

s 555 369


s 555

(b) details of those costs and benefits; and

(c) a recommendation on whether any of the reforms should beimplemented for the significant business activity; and

(d) if reform is recommended—

(i) a statement of which reform should be implemented; and

(ii) a timetable for its implementation.

(2) A report may, and it is declared always could, recommend—








†Division 3—Local government to undertake assessments

˙Public benefit assessments to be undertaken

555.(1) A local government must ensure that a public benefit assessmentis undertaken and a public benefit assessment report prepared for each of itssignificant business activities.

(2) A local government may, by resolution, decide a public benefitassessment is to be carried out and a public benefit assessment report beprepared for any of its activities that are not significant business activities.

(3) If a local government acts under subsection (2), this chapter, (other

s 556 370


s 557

than sections 556, 558(1) and 564(3)139), applies, with all necessarychanges, to the activity as if it were a type 2 business activity.

˙Fresh public benefit assessment if reforms not implemented within3 years


(a) a public benefit assessment report on a significant businessactivity of a local government recommends reforms under thispart; and

(b) the local government resolves not to implement any reforms.

(2) The local government must ensure a fresh public benefit assessmentis carried out and a fresh public benefit assessment report prepared for theactivity within 3 years after the end of the financial year in which the reportwas first presented to the local government.

˙Local government to resolve on assessment and report process

557.(1) The local government must, by resolution, decide—

(a) how the public benefit assessment is to be conducted; and

(b) the matters the public benefit assessment report must deal with;and

(c) when the report is to be presented to the local government.

Example for paragraph (a)—

The local government may decide the public benefit assessment is to beundertaken by the local government or by external consultants or in cooperation withother local governments undertaking public benefit assessments of similar significantbusiness activities.

(2) The resolution must provide for a consultation process and state howthe process is to be used in the assessment.

139 Sections 556 (Fresh public benefit assessment if reforms not implemented within3 years), 558 (Timing for assessments and reports) and 564 (Timetable forimplementation of reforms)

s 558 371


s 558


A local government may resolve that the consultation process must include—

(a) giving notice of the assessment and inviting submissions about theassessment; and

(b) a period for submissions to be received; and

(c) direct consultation with interested parties; and

(d) consideration of the submissions received about the assessment; and

(e) publication of a draft public benefit assessment report for public commentbefore the report is finalised.

(3) The resolution is subject to section 554 and a regulation undersection 559.

˙Timing for assessments and reports

558.(1) The public benefit assessment report must be completed—

(a) for a type 1 or 2 business activity—

(i) before 30 June 1997; or

(ii) a day (not later than 30 September 1997) approved by theMinister; or

(b) for a new type 1 business activity—

(i) before the end of the financial year for which the activity isfirst identified by the local government as a new type 1business activity; or

(ii) a day (not later than 3 months after the end of the financialyear) approved by the Minister; or

(c) for a new type 2 business activity—

(i) before the end of the financial year for which the activity isfirst identified by the local government as a new type 2business activity; or

(ii) a day (not later than 3 months after the end of the financialyear) approved by the Minister.

(2) The report must be presented to a meeting of the local government assoon as practicable after the report is completed.

s 559 372


s 561

˙Regulation about public benefit assessment and public benefitassessment reports

559. A regulation may prescribe requirements for public benefitassessments and public benefit assessment reports.

†Division 4—Action to be taken on public benefit assessment reports

˙Object of division

560. The object of this division is to require local governments toconsider public benefit assessment reports and to decide whether or not toimplement reforms of their significant business activities and, if reforms areto be implemented, timetables for implementation of the reforms.

˙Local government to give public notice of public benefit assessmentreport

561.(1) A local government must give public notice of the public benefitassessment report for each of its significant business activities.

(2) The notice must be given by—

(a) publishing the notice, as soon as practicable after the report hasbeen presented to a meeting of the local government undersection 558(2), once in a newspaper circulating generally in thelocal government’s area; and

(b) putting a copy of the notice on display in a conspicuous place inthe local government’s public office on the day on which thenotice is published under paragraph (a); and

(c) keeping the copy of the notice on display until the localgovernment resolves under section 563 whether any of thereforms considered under section 549 or 550140 should beimplemented for the significant business activity.

140 Section 549 (Matters to be addressed by public benefit assessment for type 1 ornew type 1 business activity) or 550 (Matters to be addressed by public benefitassessment for type 2 or new type 2 business activity)

s 562 373


s 563

(3) The notice must state the following—

(a) the name of the local government;

(b) the report has been presented to the local government;

(c) a summary of the report’s recommendations;

(d) the day, under section 563, on or before which the localgovernment is required to decide whether to implement any of thereforms mentioned in the report;

(e) the report is open to inspection.

˙Public access to public benefit assessment reports

562. From the day the public benefit assessment report for a significantbusiness activity is presented to a meeting of a local government until thelocal government decides under section 563 whether to implement any ofthe reforms—

(a) a copy of the report must be open to inspection; and

(b) copies of the report must be available for purchase at the localgovernment’s public office at the price stated in the notice aboutthe report.

˙Local government to resolve whether to implement reforms

563.(1) As soon as practicable, and not later than 3 months after a publicbenefit assessment report for a significant business activity has been firstpresented to a meeting of a local government, the local government mustresolve whether any of the reforms considered under section 549 or 550141

should be implemented for the whole or part of the activity.

(2) A resolution not to implement a reform recommended in the reportmust include a statement of the reasons for not implementing the reform.

141 Section 549 (Matters to be addressed by public benefit assessment for type 1 ornew type 1 business activity) or 550 (Matters to be addressed by public benefitassessment for type 2 or new type 2 business activity)

s 564 374


s 566

˙Timetable for implementation of reforms

564.(1) This section applies if a local government resolves undersection 563 to implement a reform of a significant business activity.

(2) The local government must also, by the resolution, decide a timetablefor implementation of the reform under subsection (3).

(3) The reform of the activity must be implemented on or before—

(a) for a type 1 or 2 business activity—1 July 1998; or

(b) for a new type 1 or 2 business activity—the start of the secondfinancial year after the financial year for which the activity wasidentified as being a new type 1 or 2 business activity.

(4) For a particular significant business activity, the Minister may extendthe time for its implementation subject to the terms the Minister considersappropriate.

(5) If the Minister extends the time for implementation, the localgovernment may, by resolution, amend the timetable for implementation inaccordance with the extension.

(6) Subsection (7) applies if, under section 563, a local governmentresolves to implement a series of reforms for the whole or part of asignificant business activity.

(7) Subsection (3) applies only to the first of the series of reforms for thesignificant business activity but the resolution of the local government mustinclude a timetable for implementation of the remaining reforms.

˙Notice to Minister of resolution

565. As soon as practicable after making a resolution to implement, ornot to implement, a reform considered under section 549 or 550, a localgovernment must give to the Minister—

(a) a copy of the public benefit assessment report; and

(b) a copy of the resolution.

˙Reforms not implemented, may later be implemented

566.(1) Although a local government resolves not to implement a reform

s 567 375


s 568

recommended in a public benefit assessment report for a significantbusiness activity, the local government may, at a later time, resolve toimplement the reform.

(2) Sections 564 (other than subsection (3)) and 565 apply, with allnecessary changes, to a local government acting under this section.

†PART 5—FULL COST PRICING FOR SIGNIFICANTBUSINESS ACTIVITIES

˙Application of pt 5

567. This part applies to a significant business activity of a localgovernment if the local government has resolved under section 563or 566142 to implement full cost pricing for the activity.

˙Meaning of “full cost pricing”

568.(1) “Full cost pricing”, for a significant business activity of a localgovernment, is charging for goods or services taking into account the fullcost of providing the goods or services, including estimates of amountsequivalent to—

(a) government taxes that are not otherwise payable to theCommonwealth, State or local government; and

(b) cost of funds advantage the local government obtains overcommercial rates of interest because of State guarantees used forproviding the goods or services.

(2) Full cost pricing includes—

(a) where possible and appropriate, the removal of advantages anddisadvantages that would not apply to the significant businessactivity if it were carried on by a private sector business; and

142 Section 563 (Local government to resolve whether to implement reforms) or566 (Reforms not implemented, may later be implemented)

s 569 376


s 571

(b) if removal of the advantages or disadvantages does not happen,taking them into account in charging for goods or services.

(3) Full cost pricing also includes compliance with Commonwealth,State and local government requirements that apply only if the activity werecarried on by a private sector business, including, for example,requirements relating to the protection of the environment and planning andapproval processes.

˙Guarantees by State

569. If the State guarantees repayment of a debt of a local governmentfor a significant business activity for which full cost pricing is implemented,the local government must, in carrying on the activity, take account ofamounts equivalent to the cost of funds advantage the local governmentobtains over commercial rates of interest because of the guarantee.

˙Local government to implement full cost pricing for significantbusiness activities

570. The local government must implement full cost pricing for each ofits significant business activities in accordance with the timetable for itsimplementation.143

†PART 6—COMMERCIALISATION OF SIGNIFICANTBUSINESS ACTIVITIES

†Division 1—Preliminary


571. This part applies to a significant business activity of a local

143 Section 564 (Timetable for implementation of reforms) requires a localgovernment to decide a timetable for implementation of reforms.

s 572 377


s 574

government if the local government has resolved under section 563or 566144 to implement commercialisation of the activity.

†Division 2—Background and objectives of part

˙Objectives of commercialisation

572. The objectives of commercialisation of significant businessactivities of a local government are to improve overall economicperformance and the local government’s ability to carry out itsresponsibilities for the good rule and government of its area by—

(a) establishing efficient and effective commercial business units; and

(b) establishing a framework for operation and accountability of theunits.

˙How objectives of commercialisation are to be achieved—keyprinciples and their elements

573. The objectives of commercialisation of significant businessactivities are to be achieved through application of the key principles ofcommercialisation and their elements.

˙Key objectives of commercial business units under commercialisation

574.(1) Under commercialisation, the key objectives of a localgovernment’s commercial business unit are to be commercially successfulin carrying on its activities and efficient and effective in the provision ofgoods and delivery of its services, including things done as communityservice obligations.

(2) The commercial success, efficiency and effectiveness of acommercial business unit are to be measured against its financial andnon-financial performance targets.

144 Section 563 (Local government to resolve whether to implement reforms) or566 (Reforms not implemented, may later be implemented)

s 575 378


s 576

†Division 3—Interpretation

˙Meaning of “commercialisation”

575.(1) “Commercialisation” of a significant business activity of a localgovernment involves—

(a) the activity being carried on by a commercial business unit of thelocal government that is not a legal entity separate from the localgovernment; and

(b) the unit providing goods or services on a commercial and fullcost pricing basis; and

(c) subsidies to do anything, as community service obligations, thatwould not otherwise be in the commercial interests of the unit todo.

(2) “Commercialisation” includes—

(a) retention by the local government of—

(i) amounts equivalent to government taxes that are nototherwise payable to the Commonwealth, State or localgovernment; and

(ii) cost of funds advantage the local government obtains overcommercial rates of interest because of State guarantees usedfor providing the goods or services; and

(b) compliance with Commonwealth, State and local governmentrequirements that apply only if the activity were carried on by aprivate sector business, including, for example, requirementsrelating to the protection of the environment and planning andapproval processes.

˙Meaning of “key principles of commercialisation”

576.(1) The “key principles of commercialisation” are—

(a) principle 1—clarity of objectives; and

(b) principle 2—management autonomy and authority; and

(c) principle 3—accountability for performance; and

s 576 379


s 576

(d) principle 4—competitive neutrality.

(2) The elements of principle 1 are that—

(a) the commercial business unit will have clear, non-conflictingobjectives; and

(b) specific financial and non-financial performance targets will be setfor the commercial activities of the commercial business unit; and

(c) any activities of a local government policy formulation orregulatory nature will, wherever possible, be kept separate fromits commercial business unit; and

(d) any community service obligations of the commercial businessunit will be—

(i) clearly identified in the unit’s annual performance plan; and

(ii) separately costed; and

(e) the commercial business unit will be appropriately funded for itscommunity service obligations and any funding will be madeapparent; and

(f) the commercial business unit will be set performance targets forits community service obligations.


(a) the commercial business unit will be required to use its bestendeavours to ensure it meets its performance targets; and

(b) the commercial business unit will be given the autonomy in itsday to day operations subject to overarching control mechanismsunder the commercialisation framework; and

(c) local government directions for the commercial business unit toachieve non-commercial objectives will be exercised in an openway; and

(d) in its day to day operations the commercial business unit will beat arms length to its local government.


(a) performance of the commercial business unit will be monitoredby the local government against performance targets specified in

s 577 380


s 577

its annual performance plan; and

(b) commercial business units will generally be subject to the basicmanagement framework of the local government and will complywith the requirements of laws applying to local governments.


(a) the efficiency of overall resource use is promoted by ensuringmarkets are not unnecessarily distorted; and

(b) wherever possible and appropriate, advantages and disadvantagesaccruing to a commercial business unit because it is part of thelocal government should be removed.

˙Definitions for pt 6

577. In this part—

“commercialisation” see section 575.

“community service obligations”, of a commercial business unit of a localgovernment, means the obligations to do anything the localgovernment is satisfied—

(a) are not in the unit’s commercial interests to perform; and

(b) arise because of a direction by the local government; and

(c) do not arise because of the application of the following keyprinciples of commercialisation and their elements—

(i) principle 3—accountability for performance;

(ii) principle 4—competitive neutrality.

“full cost pricing”, for a significant business activity of a localgovernment, is charging for goods or services taking into account thefull cost of providing the goods or services, including amountsequivalent to—

(a) government taxes that are not otherwise payable to theCommonwealth, State or local government; and

(b) debt guarantee fees for State guarantees.

“key principles of commercialisation” see section 576.

s 578 381


s 580

†Division 4—Establishment of commercial business unit

˙Local government to establish commercial business unit

578. A local government must establish a unit of the local government (a“commercial business unit”) for the carrying on of 1 or more of the localgovernment’s significant business activities under the resolution toimplement commercialisation of the activity.145

†Division 5—Operations of commercial business unit

˙Additional requirements for corporate plan

579. A local government’s corporate plan under chapter 7, part 2, mustinclude, for each of its commercial business units, an outline of—

(a) its objectives; and

(b) the nature and scope of the activities proposed to be carried out bythe unit.

˙Performance plan for commercial business units

580.(1) There must be an annual performance plan for each commercialbusiness unit.

(2) A local government’s operational plan under chapter 7, part 2, mustinclude the annual performance plan for each of its commercial businessunits.

(3) A performance plan may be amended at any time before the end ofthe financial year for which it is prepared.

145 Section 563 (Local government to resolve whether to implement reforms)requires a resolution.

s 581 382


s 582

†Division 6—Annual statement of operations on commercial businessunit

˙Annual statement of operations on commercial business unit

581.(1) A local government must ensure an annual statement on theoperations of each commercial business unit for the preceding financial yearis given to the local government.

(2) The statement must contain—

(a) information to enable an informed assessment to be made of theunit’s operations, including a comparison of the unit’sperformance with its annual performance plan; and

(b) particulars of any amendments made to its annual performanceplan in the financial year; and

(c) particulars of any directions (including directions aboutcommunity service obligations to be carried out by the unit) to theunit for the financial year; and

(d) particulars of the impact that any changes to its annualperformance plan may have had on the unit’s financial position,operating surpluses and deficits and prospects.

(3) The statement must be included in the local government’s annualreport.

˙Commonwealth and State tax equivalents

582.(1) The Treasurer may issue a manual (the “tax equivalentsmanual”) about deciding the amounts (“tax equivalents”) that must betaken into account by a commercial business unit in applying full costpricing to its operations as the value of benefits derived by the unit if there isno liability to pay a government tax that would be payable by the unit if itwere not a part of a local government.

(2) Without limiting subsection (1), the tax equivalents manual mayprovide for—

(a) rulings by the tax assessor appointed under subsection (3) onissues about tax equivalents, including the application of rulings

s 583 383


s 583

under a Commonwealth Act about Commonwealth tax; and

(b) lodging of returns and giving of information; and

(c) assessing returns; and

(d) functions and powers of the tax assessor; and

(e) objections and appeals against assessments and rulings.

(3) The Treasurer may appoint a person to be the tax assessor under thetax equivalents manual.

(4) A commercial business unit must, as required under the taxequivalents manual, account for tax equivalents.

(5) The Treasurer must table a copy of the tax equivalents manual, andeach amendment of the manual, in the Legislative Assembly within14 sitting days after the manual is issued or the amendment made.

˙Guarantees by State

583. If the State guarantees repayment of a debt of a local governmentfor a significant business activity carried on by a commercial business unitof the local government, the local government must, in the unit’soperations, take account of amounts equivalent to the cost of fundsadvantage the unit obtains over commercial rates of interest because of theguarantee.

s 584 384


s 585

†PART 7—LOCAL GOVERNMENT OWNEDCORPORATIONS


†Subdivision 1—Application of part


584. This part applies to a significant business activity of a localgovernment if the local government resolves to implement corporatisationin relation to the activity.146

†Subdivision 2—Outline of part and its background and objectives

˙What this part provides

585. This part provides for the processes necessary to allow for—

(a) local governments to propose the acquisition of a part of a localgovernment, or parts of local governments, carrying on asignificant business activity by corporatised corporations; and

(b) the nomination of parts of local governments carrying onsignificant business activities as candidate LGOCs or candidatesubsidiaries; and

(c) the preparation and approval of corporatisation charters forcandidate LGOCs; and

(d) the establishment of significant business entities as separate legalentities; and

(e) significant business entities to become corporatised corporations

146 See sections 563 (Local government to resolve whether to implement reforms),566 (Reforms not implemented, may later be implemented) and 616 (Significantbusiness entities).

s 586 385


s 589

and to acquire the business of candidates; and

(f) the operation of corporatised corporations.

˙Objectives of corporatisation

586. The objectives of corporatisation are to improve overall economicperformance, and the ability of local governments to carry out theirresponsibilities for the good rule and government of their areas, by—

(a) establishing efficient and effective corporatised corporations; and

(b) establishing a framework for accountability of corporatisedcorporations.

˙How objectives of corporatisation are to be achieved—key principlesand their elements

587. The objectives of corporatisation are to be achieved throughapplication of the key principles of corporatisation and their elements.

˙Key objectives of corporatised corporation under corporatisation

588.(1) Under corporatisation, the key objectives of a corporatisedcorporation are to be commercially successful in the carrying on of itsactivities and efficient and effective in the provision of goods and deliveryof its services, including services provided as community serviceobligations.

(2) The commercial success, efficiency and effectiveness of acorporatised corporation are to be measured against its financial andnon-financial performance targets.

†Subdivision 3—Interpretation

˙Meaning of “corporatisation”

589. “Corporatisation” is a reform process for certain significantbusiness activities of local governments that—

s 590 386


s 590

(a) changes the conditions and the structure under which the businessactivities are carried on so they are acquired and carried on byseparate legal entities (corporatised corporations) and, as far aspracticable, on a commercial basis and in a competitiveenvironment; and

(b) provides for local government ownership (whether directly orthrough ownership of an LGOC) of the corporatised corporationsoperating the business activities; and

(c) allows local governments to provide strategic direction to thecorporatised corporations by setting financial and non-financialperformance targets and community service obligations.

˙Meaning of “key principles of corporatisation”

590.(1) The “key principles of corporatisation” are—

(a) principle 1—clarity of objectives; and

(b) principle 2—management autonomy and authority; and

(c) principle 3—strict accountability for performance; and

(d) principle 4—competitive neutrality.


(a) each corporatised corporation will have clear, non-conflictingobjectives; and

(b) each corporatised corporation will be set specific financial andnon-financial performance targets for its commercial activities;and

(c) any activities of a local governmental policy formulation orregulatory nature will, wherever possible, be kept separate fromits corporatised corporation; and

(d) any community service obligations of the corporatisedcorporation will be—

(i) clearly identified in the corporation’s statement of corporateintent; and

(ii) separately costed; and

s 590 387


s 590

(e) the corporatised corporation will be appropriately compensatedfor its community service obligations and any funding will bemade apparent; and

(f) the corporatised corporation will be set performance targets for itscommunity service obligations.


(a) each corporatised corporation will have a board of directorsappointed on merit; and

(b) the board will be required to use its best endeavours to ensure thatthe corporation meets its performance targets; and

(c) the board will be given the autonomy and authority to makecommercial decisions within areas of responsibility defined bythe corporatisation framework; and

(d) the local government’s former power to make decisions on theoperation of a significant business activity will be replaced withprocedures for strategic monitoring of corporatised corporations;and

(e) the role of the shareholder in relation to the corporatisedcorporation will be clearly defined; and

(f) local government reserve powers will be required to be exercisedin an open way.


(a) the board of the corporatised corporation will be accountable tothe shareholder for the corporation’s performance; and

(b) the corporation’s statement of corporate intent will form the basisfor accountability; and

(c) performance will be monitored by the shareholder againstperformance targets stated in the statement of corporate intent;and

(d) shareholder monitoring of the corporation is intended tocompensate for the absence of the wide range of monitoring towhich listed corporations are subject by, for example, thesharemarket and Commonwealth regulatory agencies.

s 591 388


s 592



(b) to ensure, wherever possible, the removal of advantages anddisadvantages accruing to the corporatised corporation as a resultof local government ownership; and

(c) if a corporation has monopoly or near monopoly power—

(i) if a local government decides it is appropriate to increasecompetition, there may be reform of the business activity;and

(ii) special monitoring may be necessary to prevent abuse of thispower.

˙Meaning of “statement of corporate intent”

591.(1) The “statement of corporate intent” of a corporatisedcorporation is a document created for the corporation under division 3,subdivision 9.147

(2) It is intended that the statement of corporate intent should represent anagreement between the board of the corporation and its shareholder but thestatement is not a contract for carrying out of work or for supply of goodsor services.

˙Definitions for pt 7


“board”, of a corporatised corporation, means the corporation’s board ofdirectors.

“borrow” includes—

(a) raise money or credit; and

(b) obtain financial accommodation; and

147 Division 3 (Local government owned corporatisation and subsidiaries),subdivision 9 (Statement of corporate intent—general)

s 592 389


s 592

(c) borrow in a foreign currency.

“candidate” means a candidate LGOC or a candidate subsidiary.

“candidate LGOC” means a part of a local government carrying on asignificant business activity nominated by the local government undersection 601148 for its business to become the business of an LGOC.

“candidate subsidiary” means a part of a local government carrying on asignificant business activity nominated by the local government undersection 601 for its business to become the business of a subsidiary ofan LGOC.

“charter transitional part” see section 609.

“community service obligations” see section 677.

“corporatisation” see section 589.

“corporatisation charter” means—

(a) for a candidate LGOC—

(i) the draft corporatisation charter approved by the candidateLGOC’s local government as its corporatisation charter; or

(ii) if the local government approves an amendment of thecorporatisation charter—the corporatisation charter asamended; or

(b) for an LGOC—the corporatisation charter for the LGOC when itwas a candidate LGOC as amended from time to time and, onexpiry of the charter transitional part, the remainder of the charter.

“corporatised corporation” means an LGOC or a subsidiary of anLGOC.

“financial accommodation”, for a corporatised corporation, includes afinancial benefit and assistance to obtain a financial benefit, arisingfrom or because of—

(a) a loan; or

(b) issuing, endorsing or other dealing in promissory notes; or

(c) drawing, accepting, endorsing or other dealing in bills of

148 Section 601 (Nomination of candidate LGOC or LGOC’s subsidiary)

s 592 390


s 592

exchange; or

(d) issuing, purchasing or other dealing in securities; or

(e) granting or taking a lease of any property for financing purposes;or

(f) another arrangement prescribed under a regulation.

“instrument” means an instrument of any kind (whether express orimplied and whether made or given orally or in writing), andincludes—

(a) a contract, deed, agreement, arrangement, understanding orundertaking; and

(b) a mandate, instruction, notice, authority or order; and

(c) a lease, licence, transfer, conveyance or other assurance; and

(d) a guarantee, bond, power of attorney, bill of lading, negotiableinstrument or order for the payment of money; and

(e) a mortgage, charge, lien or security.

“key principles of corporatisation” see section 590.

“lease” includes—

(a) licence, charter or hiring arrangement of property; and

(b) an arrangement under which a right to use, operate or providegoods or services in relation to property is granted by a person toanother person.

“LGOC” (or “local government owned corporation”) means asignificant business entity declared to be a local government’s LGOCby resolution of the local government that has taken effect.

“main undertakings”, for a corporatised corporation, means theundertakings stated in the corporation’s most recent statement ofcorporate intent as the corporation’s main undertakings.

“officer”, of a corporatised corporation, means—

(a) a director of the corporation; or

(b) the corporation’s chief executive officer; or

(c) for sections other than sections 698, 702 and 703—another

s 593 391


s 593

person who is concerned, or takes part, in the corporation’smanagement; or

(d) for sections 698, 702 and 703—an employee of the corporation.

“security” includes inscribed stock, debenture, bond, debenture stock, noteand any other document creating, evidencing or acknowledgingindebtedness (whether or not constituting a charge on property).

“share”, for a significant business entity (including a corporatisedcorporation) or another corporation, means a share in the entity’s orcorporation’s share capital.

“shareholder” means—

(a) for an LGOC—

(i) if a local government holds all the shares in the LGOC—thelocal government; or

(ii) if 2 or more local governments hold shares in theLGOC—all local governments holding the shares in theLGOC; or

(b) for a subsidiary of an LGOC—its LGOC.

“shareholder’s delegate” see section 643.

“statement of corporate intent” see section 591.

“subsidiary”, for an LGOC, means a significant business entity declaredunder this part to be a subsidiary of the LGOC by resolution of a localgovernment that has taken effect.

“terms”, of appointment or employment, include terms relating to—

(a) remuneration and allowances; and

(b) duration of appointment or employment; and

(c) termination of appointment or employment.

˙References to doing of act by corporatised corporation

593. In this part, a reference to the doing of an act by a corporatisedcorporation includes a reference to—

(a) the making or giving of an instrument by the corporation; and

s 594 392


s 595

(b) the transfer of property by or to the corporation; and

(c) the incurring of a liability by the corporation.

˙References to local governments etc.

594.(1) In this part, a reference to a candidate’s local government is areference to the local government that, under section 601,149 nominated thecandidate to become the business of an LGOC or a subsidiary.

(2) In this part, a reference to an LGOC’s local government is a referenceto the LGOC’s shareholder.

(3) In this part, a reference to a subsidiary’s local government is areference to the local government whose LGOC is the subsidiary’sshareholder.

(4) In this part, a reference to a significant business entity’s localgovernment is a reference to the local government that resolved to establishthe entity.

(5) If 2 or more local governments make a resolution about an LGOC, asignificant business entity, a candidate or a subsidiary (in each case, the“entity”)—

(a) a reference, in subsections (1) to (4), to the entity’s localgovernment is a reference to all of the local governments actingjointly; and

(b) a reference to the local government area of the entity’s localgovernment is a reference to the local government areas of all thelocal governments.

†Subdivision 4—Corporatised corporation not a local government

˙Corporatised corporation not a local government

595. A corporatised corporation does not form part of a localgovernment.

149 Section 601 (Nomination of candidate LGOC or LGOC’s subsidiary)

s 596 393


s 598

†Subdivision 5—Operation of part and application of laws

˙Extraterritorial operation

596. It is the intention of Parliament that this part should apply, as far aspossible, to—

(a) land and things outside Queensland (whether in or outsideAustralia); and

(b) acts, transactions and things done, entered into or happeningoutside Queensland (whether in or outside Australia); and

(c) land, things, acts and transactions (wherever situated, done,entered into or happening) that would, apart from this part, begoverned or otherwise affected by the law of another jurisdiction(including a foreign country).

˙Application of existing laws

597.(1) This part applies to a corporatised corporation and a localgovernment despite anything in an Act, including this Act, that was enactedbefore the commencement of this part.

(2) If there is an inconsistency between this part and an Act enactedbefore the commencement of this part, this part prevails to the extent of theinconsistency.

˙Delegation of powers for corporatised corporations

598.(1) A local government may, by resolution, delegate to acorporatised corporation the local government’s powers under a localgovernment Act the local government decides are necessary or convenientto facilitate carrying on the corporatised corporation’s business.

(2) In deciding whether to delegate a power, the local government musthave regard to the key principles of corporatisation and their elements.

(3) A regulation may provide that a power of a local government underthis or another Act cannot be delegated under this section.

(4) A delegation of a power ceases to have effect on the making of a

s 600 394


s 600

regulation under subsection (3) providing that the power cannot bedelegated under this section.

(5) Despite a requirement of this or another Act that a power of a localgovernment may only be exercised by resolution of the local government,(including the making of a utility charge at a budget meeting) the powermay be delegated under this section but may only be exercised by thecorporatised corporation by resolution of its board.

(6) Subsections (1) and (5) do not apply to a power that, under this part,must be exercised by resolution of a local government.

(7) A local government may, by resolution, authorise its corporatisedcorporation to subdelegate powers delegated to the corporatised corporationunder this section (other than powers of a local government mentioned insubsection (5)) to a person under section 646.

(8) The local government must notify the Minister in writing of eachdelegation it makes under this section.

(9) For local governments to which section 472 applies, section 472(4) to(7) applies to delegations under this section.

(10) For Brisbane City Council, the City of Brisbane Act 1924,section 39C(1)(d) applies to delegations under this section.

(11) This section expires on 1 July 1999.

†Division 2—Mechanisms for creating LGOCs and subsidiaries

†Subdivision 1—Proposal for corporatisation

˙Local government proposes corporatisation

600.(1) A local government may, by resolution, propose that a part of thelocal government carrying on a significant business activity will be acquiredby a corporatised corporation.

(2) The local government may also propose, by resolution, that acorporatised corporation will be an LGOC or a subsidiary of an LGOC.

(3) To remove any doubt, it is declared that a local government may

s 601 395


s 602

propose a corporatised corporation will acquire—

(a) parts of the local government carrying on more than 1 significantbusiness activity; or

(b) parts of 2 or more local governments.

(4) A resolution under subsection (3)(b) is not effective until each localgovernment makes the resolution.

Example of resolutions for this section—

A local government may, by resolution, propose a part of the local governmentcarrying on its significant business activity will be acquired and operated by acorporatised corporation as a subsidiary of another corporatised corporation that willbe an LGOC. While the subsidiary will carry on the business, it is answerable to itsLGOC which in turn is responsible to the local government for the subsidiary carryingon the business.

˙Nomination of candidate LGOC or LGOC’s subsidiary

601.(1) A local government may, by resolution, nominate a part of alocal government carrying on a significant business activity to be acandidate LGOC or candidate subsidiary.

(2) A nomination of a candidate subsidiary must also nominate theLGOC or candidate LGOC of which it is to be a subsidiary.

(3) If parts of 2 or more local governments are nominated, thenomination is not effective until each of the local governments makes anomination.

†Subdivision 2—Preparation of corporatisation charter—preliminary

˙Meaning of “corporatisation charter”

602. The “corporatisation charter” for a candidate LGOC sets out thesteps by which, and the basis on which—

(a) a candidate LGOC’s business is to become the business of anLGOC; and

(b) the key principles of corporatisation, and their elements, are to beimplemented.

s 603 396


s 605

˙Candidate LGOC’s business may become business of LGOCfollowing corporatisation charter

603.(1) A candidate LGOC’s business may become the business of anLGOC following the preparation and approval of a corporatisation charterand the implementation of its charter transitional part.

(2) However, a candidate LGOC’s business may become the business ofan LGOC if a corporatisation charter has been prepared and approvedalthough its charter transitional part has not been fully implemented.

†Subdivision 3—Preparation of corporatisation charter—establishmentcommittee

˙Establishment committee to be appointed

604.(1) The local government of a candidate LGOC must appoint acommittee (the “establishment committee”) to—

(a) prepare a draft corporatisation charter for the candidate; and

(b) report to the local government on whether the candidate’scorporatisation charter is being implemented in a timely, efficientand effective way.

(2) If chapter 6, part 1, division 3150 applies to a local government, theestablishment committee must be appointed under the division.

(3) The establishment committee goes out of existence when the LGOCis established.

˙Composition of establishment committee

605. Councillors and employees of a local government may be membersof an establishment committee appointed by the local government buttogether must not, at any time, be more than—

(a) before 1 July 1999—two-thirds of the members; or

(b) from 1 July 1999—one-half of the members.

150 Chapter 6, part 1, division 3 (Committees and their meetings)

s 606 397


s 607

˙Procedure for appointment of establishment committee

606.(1) The local government of a candidate LGOC must adoptprocesses for selection of appropriate persons for appointment as membersof the establishment committee for the candidate.

(2) In appointing a person as a member, the local government must haveregard to the person’s ability to make a contribution to the committee’sperformance of its role.

(3) The processes are to be based on the principle that the committeeshould have the appropriate range of skills to ensure the corporatisation is asuccess.

Example of the application of this section—

The local government may—

(a) identify the key attributes required; and

(b) call for nominations through public advertising and canvassing of suitableindividuals; and

(c) evaluate nominations using independent expertise; and

(d) provide for interviews of shortlisted individuals by a nominated groupassisted by independent experts; and

(e) appoint the most suitable individuals as members.

˙Draft corporatisation charter to be given to local government

607.(1) When the establishment committee for a candidate LGOC hasprepared the candidate LGOC’s draft corporatisation charter, the committeemust give a copy of the draft charter to the local government.

(2) The local government may return the draft charter to the committeeand ask it to—

(a) consider or further consider any matter and deal with the matter inthe draft charter; and

(b) revise the draft charter in the light of its consideration or furtherconsideration.

(3) The establishment committee must comply with the request.

s 608 398


s 609

†Subdivision 4—Preparation of corporatisation charter—requirementsfor charter

˙Matters to be included in draft corporatisation charter

608.(1) The draft corporatisation charter must contain the followingmatters—

(a) an outline of how the key principles of corporatisation and theirelements are to be applied by the LGOC and a timetable for theirapplication;

(b) specification of appropriate systems of accounting for the LGOCand a timetable for their adoption;

(c) a timetable for the adoption of commercial management andperformance systems by the LGOC;

(d) the scope of the LGOC’s business activities, including anyundertakings outside the LGOC’s local government area;

(e) a timetable and method for valuing the assets to be transferred tothe LGOC and determining the LGOC’s capital structure;

(f) any other matter stated by the local government.

(2) The local government may determine that the draft corporatisationcharter should also contain a timetable for—

(a) identifying any existing activities of a policy formulation orregulatory nature of the candidate; and

(b) identifying options for the activities to remain within the localgovernment; and

(c) identifying any community service obligations of the LGOC; and

(d) costing any community service obligations of the LGOC.

(3) If there is a candidate subsidiary for the candidate LGOC, a referencein this section to an LGOC includes a reference to the subsidiary.

˙Other matters relevant to draft corporatisation charter preparation

609.(1) The local government may determine—

s 610 399


s 613

(a) steps to be taken in preparing the draft corporatisation charter; and

(b) any other matter about the preparation of the draft corporatisationcharter.

(2) The local government must also determine that the charter identify itsparts that are concerned with the process to achieve corporatisation for thecandidate LGOC (the “charter transitional part”).

†Subdivision 5—Corporatisation charter—approvals

˙Approval of draft corporatisation charter

610. The local government may, by resolution, approve theestablishment committee’s draft corporatisation charter, or that charter asamended by the local government, as the candidate LGOC’s corporatisationcharter.

˙Approval of amendments of corporatisation charter

611. The local government may, by resolution, at any time (whetherbefore or after corporatisation is achieved) approve an amendment of acorporatisation charter.

˙Corporatisation charter open to inspection

612.(1) A copy of a corporatisation charter must be open to inspection.

(2) A copy of the charter may be purchased at the local government’spublic office.

(3) The price of a copy of the charter must be no more than the cost tothe local government of having the copy available for purchase, and, if thecopy is posted to the purchaser, the postage cost.

˙Deletion of commercially sensitive matters from corporatisationcharter

613.(1) A local government may, by resolution, approve a matter in thecorporatisation charter may be omitted from the copies of it to be made

s 614 400


s 616

public if—

(a) the matter is of a commercially sensitive nature to thecorporatised corporation; and

(b) a full statement of the matter is given to each councillor.

(2) For section 250(2)(a), a full statement of the matter given tocouncillors under subsection (1)(b) is information that is confidential to thelocal government.

†Subdivision 6—Corporatisation charter—expiry of charter transitionalpart

˙Expiry of charter transitional part

614. The charter transitional part of the corporatisation charter for acandidate LGOC expires on the approval by the shareholder of the firststatement of corporate intent for the LGOC.

†Subdivision 7—Corporatisation facilitative mechanisms—significantbusiness entities

˙Purpose of subdivision

615. This subdivision provides mechanisms to facilitate thecorporatisation process by enabling, among other things, the establishmentof a significant business entity.

˙Significant business entities

616.(1) In accordance with a resolution under section 600, a localgovernment, or 2 or more local governments, may resolve that a significantbusiness entity be established.

(2) The resolution must state, among other things—

(a) the name of the entity and its functions and powers; and

(b) the part of the local government, or parts of local governments,

s 617 401


s 617

the business of which is to be acquired by the significant businessentity after it becomes a corporatised corporation.

(3) The significant business entity is established on the publication in thegazette of notice of the making of the resolution or a later day stated in theresolution and the notice.

(4) On establishment, the significant business entity—

(a) is a body corporate; and

(b) has the name stated in the resolution; and

(c) has a seal; and

(d) may sue and be sued in its corporate name; and

(e) has such functions and powers as may be specified in theresolution.

(5) A resolution under subsection (1) is not effective until each localgovernment makes the resolution under this section.

˙Transfer of assets, liabilities etc. to significant business entity

617.(1) For a significant business entity, a local government may, byresolution, make provision about—

(a) whether, and, if so, the extent to which, the entity is the successorin law of a particular person; and

(b) the assets and liabilities that are, or are not, assets and liabilities ofthe entity or of someone else; and

(c) the consideration for a transfer of assets to the entity, which mayinclude a debt to be owed by the entity to the local government;and

(d) the instruments that are, or are not, to apply to the entity,including whether or not the instruments are taken to beinstruments—

(i) to which the entity is a party; or

(ii) that were given to, by or in favour of the entity; or

(iii) in which a reference is made to the entity; or

s 617 402


s 617

(iv) under which money is or may become payable, or otherproperty is to be, or may become liable to be, transferred,conveyed or assigned to or by the entity; and

(e) the proceedings to which the entity becomes a party insubstitution for someone else; and

(f) the existing employees of the local government and their rights.

(2) Without limiting subsection (1)—

(a) a resolution under subsection (1)(c) may make provision about—

(i) how the consideration is to be decided; and

(ii) the changing of the consideration, whether before or after theentity concerned becomes a corporatised corporation; and

(iii) the terms of the debt; and

(b) a resolution under subsection (1)(d) may make provision aboutwhether, and, if so, the extent to which, instruments apply to theentity in substitution for someone else; and

(c) a resolution under subsection (1)(f) may provide for the office(including that of chief executive officer or a senior executive) theemployee is to hold in the entity when it becomes a corporatisedcorporation.

(3) A resolution under this section takes effect on publication in thegazette of notice of the making of the resolution or a later day stated in theresolution and the notice.

(4) A resolution under subsection (1)(f) has effect despite the followingprovisions—

(a) section 623;

(b) division 6, section 751.151

(5) A resolution under this section must be stated to commence on theentity becoming a corporatised corporation or at a later time.

151 Section 623 (Application of certain provisions about directors and executives tosignificant business entities), division 6 (Additional provisions relating to chiefexecutive officers), section 751 (Appointment of chief executive officer)

s 618 403


s 618

†Subdivision 8—Significant business entities—directors and employees

˙Composition of boards including councillors and local governmentemployees

618.(1) A councillor or local government employee may be a director ofthe local government’s significant business entity that is, or is to become, anLGOC if the councillor or employee is qualified for appointment.

(2) However, directors mentioned in subsection (1) must not, at anytime, be more than—

(a) before 1 July 1999—two-thirds of all directors; or

(b) from 1 July 1999—one-half of all directors.

(3) At least one-third of directors of a significant business entity that is,or is to become, an LGOC must not be councillors or employees of thelocal government or employees of the significant business entity.

(4) At least one-third of directors of a subsidiary must not be employeesof its LGOC or the subsidiary.

(5) An appointment of a councillor or local government employee asdirector is made on the terms the local government decides.

(6) In taking part in meetings of the board of a significant business entitythat is, or is to become, an LGOC, a director who is a councillor or localgovernment employee must act in the best interests of the significantbusiness entity.

(7) For a councillor to whom section 229152 applies, if the councillor actsin accordance with subsection (6), the councillor is taken, forsection 229(2), to act in compliance with the section.

(8) For a local government employee to whom section 1138153 applies, ifthe employee acts in accordance with subsection (6) the employee is taken,for section 1138, to act in a way that shows proper concern for the publicinterest.

(9) Before 1 July 2001, the Minister must complete a review of the

152 Section 229 (Councillors’ role)

153 Section 1138 (Integrity of local government employees)

s 619 404


s 620

appropriateness of councillors and employees of local governments beingdirectors of LGOCs, including LGOCs mentioned in subsection (10).

(10) From 1 July 2001, this section only applies to a significant businessentity that is, or is to become, an LGOC, if its activities (being formersignificant business activities of its local government) are carried on by itssubsidiaries.


From 1 July 2001, this section will apply to an LGOC which does not itself tradein goods and services but is the shareholder of subsidiaries that do trade in goods andservices.

(11) Subsections (2)(a), (3) and (4) expire on 1 July 2001.

˙Remuneration and allowances to directors of significant businessentities who are councillors or employees of a local government

619.(1) Unless the local government decides otherwise, a councillor oremployee of the local government who is also a director of the localgovernment’s significant business entity is entitled as a director toremuneration and allowances payable to a director of the significantbusiness entity.

(2) If the local government decides its councillors or employees are notentitled to directors’ remuneration and allowances, those remunerations andallowances must be paid by the significant business entity to the localgovernment.

(3) From 1 July 2001, this section only applies to an LGOC mentionedin section 618(10).

˙Restrictions on councillors and employees being directors

620.(1) A person must not be both a councillor or employee of a localgovernment and a director of the local government’s significant businessentity.

(2) Subsection (1) does not apply to a significant business entity that is,or is to become, an LGOC—

(a) if it is a significant business entity mentioned in section 618(10);or

s 621 405


s 622

(b) for another significant business entity—until 1 July 2001.

(3) A person who is both a councillor or employee of a local governmentand a director of a significant business entity (that is, or is to become, anLGOC) immediately before subsection (1) applies to it, ceases to be adirector on the subsection applying to the entity.

(4) From 1 July 2001—

(a) at least one-half of the directors of a significant business entitythat is or is to become an LGOC must not be employees of theentity; and

(b) at least one-half of the directors of a subsidiary must not beemployees of the subsidiary or its LGOC; and

(c) at least one-half of the directors of a significant business entitymentioned in section 618(10) must not be councillors oremployees of the local government or employees of the entity.

˙Prohibition on councillors being employees

621. A person must not be both a councillor of a local government andan employee of a significant business entity.

†Subdivision 9—Interim board

˙Interim board of directors for significant business entity

622.(1) A local government may, by resolution, decide—

(a) on a stated day, its significant business entity that is not acorporatised corporation is to have an interim board of directors;and

(b) the role of the board.

(2) On the significant business entity becoming a corporatisedcorporation, the directors on the interim board go out of office.

s 623 406


s 623

˙Application of certain provisions about directors and executives tosignificant business entities

623.(1) This section applies to a significant business entity that is not acorporatised corporation.

(2) Sections 651 to 653 apply in relation to the significant business entity,with all necessary changes, as if it were a corporatised corporation.

(3) Division 5 applies in relation to the significant business entity, withall necessary changes, as if it were a corporatised corporation and its interimboard of directors were its board of directors.

(4) Division 6 applies in relation to a significant business entity that is tobecome an LGOC, with all necessary changes, as if it were a corporatisedcorporation and its interim board of directors were its board of directors.

(5) Division 6 applies in relation to a significant business entity that is tobecome a subsidiary, with all necessary changes and the change insubsection (6), as if it were a corporatised corporation and its interim boardof directors were its board of directors.

(6) For a significant business entity that is to become a subsidiary,section 751154 is changed as follows—

Appointment of chief executive officer for significant business entity that is tobecome a subsidiary

751.(1) A chief executive officer for a significant business entity that is to becomea subsidiary is to be appointed by the entity’s interim board of directors.

(2) However, before the interim board of directors makes the appointment, it mustconsult with the interim board of directors of its parent corporation.

(3) In this section—

“parent corporation” of a significant business entity that is to become a subsidiarymeans the significant business entity that is to become the LGOC of which thecandidate subsidiary is a subsidiary.

154 Section 751 (Appointment of chief executive officer)

s 624 407


s 626

†Subdivision 10—Corporatisation facilitative mechanisms—general

˙Assistance to significant business entities

624. A significant business entity, that is not a corporatised corporation,may arrange with the chief executive officer of the local government for theservices of employees of the local government to be made available to it.

˙Share capital and issue of shares

625.(1) The local government may, by resolution, provide that, on astated day before a significant business entity becomes a corporatisedcorporation, the significant business entity is taken to have a share capital ofa stated amount.

(2) The resolution takes effect on publication in the gazette of notice ofthe making of the resolution or on a later day stated in the resolution and thenotice.

(3) Before becoming a corporatised corporation, the entity must apply thepart of its capital that the local government directs in paying up, in full,shares in itself.

(4) As soon as practicable after complying with subsection (3), the entitymust issue the shares paid up under the subsection.

(5) If an entity does not have an interim board of directors, the localgovernment may apply the part of the capital and issue the shares on theentity’s behalf.

(6) Division 3, subdivision 3 applies to the entity as if it were acorporatised corporation.

(7) The local government may, by written notice to the entity, givedirections about the issue, holding and transfer of shares paid up undersubsection (3).

(8) The entity must ensure the directions are complied with.

˙Variation of share capital

626.(1) This section applies to a significant business entity that is not a

s 627 408


s 627

corporatised corporation.

(2) A local government may, by resolution, vary the share capital of thesignificant business entity.

(3) Without limiting subsection (2), a resolution may provide for—

(a) the issue of further shares in the significant business entity; or

(b) the cancellation of issued shares in the significant business entity;or

(c) the consolidation or division of issued shares in the significantbusiness entity.

(4) A resolution under this section takes effect on publication in thegazette of notice of the making of the resolution or on a later day stated inthe resolution and the notice.

˙Division does not affect existing legal relationships

627.(1) This division has effect despite anything in any instrument.

(2) Nothing done under this division in relation to a significant businessentity—

(a) places the entity or the local government in breach of contract orconfidence or otherwise makes the entity or the local governmentliable for a civil wrong; or

(b) makes the entity or the local government in breach of anyinstrument, including an instrument prohibiting, restricting orregulating the assignment or transfer of any right or liability or thedisclosure of any information; or

(c) is taken to fulfil a condition—

(i) allowing a person to terminate an instrument or obligation ormodify the operation or effect of an instrument or obligation;or

(ii) requiring any money to be paid before its stated maturity; or

(d) releases a surety or other obligee (in whole or part) from anobligation.

(3) If, apart from this subsection, the advice or consent of a person

s 628 409


s 629

would be necessary under an instrument in order to give effect to this part,the advice is taken to have been obtained or the consent is taken to havebeen given.

˙Local government may deal with other matters

628.(1) A local government may, by resolution, make provision aboutany matter for which it is necessary or convenient to make provision tofacilitate the corporatisation of a significant business entity.

(2) Also, a resolution under subsection (1) may change the name of asignificant business entity.

(3) A resolution under subsection (2) does not affect the legal personalityof the entity whose name is changed.

(4) Unless a contrary intention appears, a reference in an Act ordocument to the entity by its former name is taken to be a reference to theentity by its new name.


†Subdivision 11—Acting chief executive officer of significant businessentity on corporatisation

˙Appointment of acting chief executive officer for significant businessentity on corporatisation

629.(1) Before a significant business entity becomes a corporatisedcorporation, the entity’s local government may, on the recommendation ofthe establishment committee, appoint an acting chief executive officer forthe entity.

(2) An appointment under this section takes effect on the day the entitybecomes a corporatised corporation.

(3) This section does not apply if there is an interim board for the entity.

s 630 410


s 632

†Division 3—Local government owned corporations and subsidiaries

†Subdivision 1—Declaration of LGOCs and subsidiaries

˙Declaration of entity as LGOC

630.(1) If a local government is satisfied the transitional part of thecorporatisation charter of its candidate LGOC has been sufficientlyimplemented or the candidate’s business would, apart from a resolutionunder section 617, be otherwise ready to become the business of an LGOC,the local government may resolve that a significant business entity that isnot a corporatised corporation become an LGOC.

(2) The resolution must state the functions of the LGOC.

(3) A significant business entity cannot become an LGOC unless itcomplies with, or on becoming an LGOC will comply with, section 631.

(4) The significant business entity becomes an LGOC in accordance withthe resolution under subsection (1) with the functions stated in theresolution on publication in the gazette of notice of the making of theresolution or a later day stated in the resolution and the notice.

˙Requirements for LGOCs

631.(1) An LGOC is not a corporation registered under the CorporationsLaw.

(2) An LGOC must have a board of directors and have a share capitaland issued shares.

˙Declaration of entity as subsidiary

632.(1) If a local government is satisfied the candidate subsidiary’sbusiness would, apart from a resolution under section 617, be ready tobecome the business of a subsidiary of an LGOC, the local governmentmay resolve that a significant business entity that is not a corporatisedcorporation become a subsidiary of the LGOC.

(2) The resolution must state the functions of the subsidiary.

s 633 411


s 636

(3) A significant business entity cannot become a subsidiary of anLGOC unless it complies with, or on becoming a subsidiary of an LGOCwill comply with, section 633.

(4) The significant business entity becomes a subsidiary of an LGOC inaccordance with the resolution under subsection (1) with the functionsstated in the resolution on publication in the gazette of notice of the makingof the resolution or a later day stated in the resolution and the notice.

˙Requirements for subsidiaries

633.(1) A subsidiary of an LGOC is not a corporation registered underthe Corporations Law.

(2) A subsidiary of an LGOC must have a board of directors and have ashare capital and issued shares.

˙Declaration does not affect legal personality etc.

634. The declaration of a significant business entity as a corporatisedcorporation does not, of itself, affect the legal personality of the entity or itsfunctions and powers.

†Subdivision 2—Application of Corporations Law

˙Corporations Law does not apply to corporatised corporations

635. The Corporations Law does not apply to a corporatised corporation.

˙Corporatised corporation exempt public authority

636. A corporatised corporation is an exempt public authority for theCorporations Law.

s 637 412


s 640

†Subdivision 3—Shares of corporatised corporations

˙Local governments to be shareholders of LGOCs

637.(1) The local government that resolved the establishment of anLGOC must be the LGOC’s shareholder.

(2) If the LGOC is formed on the resolution of more than 1 localgovernment, each of the local governments must be a shareholder of theLGOC.

˙LGOC to be shareholder of LGOC’s subsidiary

638. For a subsidiary of an LGOC, the LGOC must be the shareholderof the subsidiary.

˙If 2 or more local governments are shareholders, shares andentitlements apportioned by agreement

639.(1) This section applies if 2 or more local governments are, or are tobe, shareholders of an LGOC.

(2) Each local government is to hold the number or proportion of sharesin the LGOC as the local governments agree.

(3) Subject to section 642, each local government is entitled to rights as ashareholder of the LGOC as agreed by resolution of the local governments.

˙Variation of shares and share capital of corporatised corporation

640.(1) The shareholder of a corporatised corporation may vary the sharecapital of the corporation.

(2) Without limiting subsection (1), the shareholder may provide for—

(a) the issue of further shares in the corporation; or

(b) the cancellation of issued shares in the corporation; or

(c) the consolidation or division of issued shares in the corporation.

(3) If the shareholder is a local government, the local government mayonly act under this section by resolution.

s 641 413


s 643

(4) If the shareholder is an LGOC, the LGOC may only act under thissection by resolution of its board.


˙Transfer, issue etc. of shares

641.(1) An LGOC’s shareholder may transfer shares in the LGOC onlyto—

(a) another local government; or

(b) if the LGOC is to become a subsidiary of another LGOC—theother LGOC.

(2) An LGOC may transfer shares in its subsidiary only to—

(a) another LGOC; or

(b) if the subsidiary is to become an LGOC—to its local government.

˙Shareholders must act jointly

642.(1) This section applies if an LGOC has more than 1 shareholder.

(2) If this part authorises an LGOC’s shareholder to do an act, theshareholders may only do the act jointly.

(3) If this part requires the shareholder to do an act, the shareholdersmust do the act jointly.

†Subdivision 4—Shareholders and councillors

˙Appointment of councillors as shareholder’s delegates

643.(1) A local government may, by resolution, on the terms the localgovernment decides, appoint 2 of its councillors as delegates(“shareholder’s delegates”) of the local government in its capacity asshareholder of its LGOC.

(2) If more than one-half of the directors of the LGOC are councillors or

s 643 414


s 643

employees of the local government, the directors must not be shareholder’sdelegates for the LGOC.

(3) Subsection (2) and this subsection expire on 1 July 1999.

(4) When acting as delegates of a local government under this part, theshareholder’s delegates must act jointly.

(5) Subject to direction by the local government by resolution, itsshareholder’s delegates may, on behalf of the local government, exercise thefollowing powers of the local government in relation to the localgovernment’s corporatised corporations—

(a) appointment (including terms of appointment) and removal ofdirectors of the board of an LGOC or of the first board of asubsidiary of an LGOC (including chairpersons and deputychairpersons);

(b) monitoring the performance of the LGOC and its subsidiaries;

(c) making requests, or giving directions about and agreeing to acorporate plan and statement of corporate intent or changes tothem;

(d) exempting an LGOC from including matters in its statement ofcorporate intent;

(e) giving directions to a board of an LGOC, other than if the poweris stated to be by resolution of the local government.

(6) A shareholder’s delegate, in exercising a power under this section,must act to promote the principles of this part as they apply to the LGOC.

(7) A power exercised by a shareholder’s delegate of a local governmentis taken to have been exercised by the local government.

(8) A shareholder’s delegate must give the local government the reportson the performance of the LGOC requested by the local government,including information on decisions made by the LGOC, but excludingrelevant commercially sensitive material given to the delegates by theLGOC.

(9) A shareholder’s delegate does not incur civil liability for an act oromission done or omitted to be done honestly and without negligence underthis subdivision in relation to the LGOC or its subsidiaries.

s 644 415


s 646

(10) A liability that would, apart from subsection (9), attach to ashareholder’s delegate attaches instead to the local government.

(11) If a shareholders’ delegate lawfully makes a request or gives adirection to an LGOC under this section, the LGOC must comply with therequest or direction as if the delegate were the local government.

†Subdivision 5—Board of directors

˙Corporatised corporation to have board of directors

644. Each corporatised corporation must have a board of directors (the“board”).

˙Role of board

645. The role of a corporatised corporation’s board includes thefollowing matters—

(a) responsibility for the corporation’s commercial policy andmanagement;

(b) ensuring, as far as possible, the corporation achieves, and acts inaccordance with, its statement of corporate intent and, for anLGOC, its corporatisation charter and carries out its objectives inits statement of corporate intent;

(c) accounting to the corporation’s shareholder for its performance asrequired by this part and other laws applying to the corporation;

(d) ensuring the corporation otherwise performs its functions in aproper, effective and efficient way.

˙Delegation by board

646.(1) A corporatised corporation’s board may, by resolution, delegateits powers to—

(a) a director; or

(b) a committee of the board; or

s 647 416


s 649

(c) the corporation’s chief executive officer; or

(d) an appropriately qualified employee of the corporation.


“appropriately qualified” includes having qualifications, experience orstanding appropriate to exercise the power.

Example of ‘standing’—

An employee’s classification level in the corporatised corporation.

˙Additional provisions about board—div 5

647. Additional provisions about the board are in division 5.

˙First board of LGOC

648.(1) For the appointment of the first board of an LGOC, the localgovernment of the candidate LGOC must act under sections 734(1)and 735(1) before the LGOC is established under section 630.

(2) The appointment takes effect when the LGOC is established.

˙First board of LGOC subsidiary

649.(1) For the appointment of the first board of a subsidiary of anLGOC—

(a) the LGOC; or

(b) if the LGOC is not yet established—the local government of thecandidate subsidiary;

must act under sections 734(2) and 735(2) before the subsidiary isestablished under section 632.

(2) For the local government acting under the sections, a reference in thesections to the LGOC is taken to be a reference to the local government ofthe candidate subsidiary.

(3) An appointment under this section—

(a) takes effect when the subsidiary is established; and

s 650 417


s 653

(b) if made by the local government—must be for not more than3 months.

†Subdivision 6—Chief executive officer

˙Corporatised corporations to have chief executive officer

650. Each corporatised corporation is to have a chief executive officer.

˙Duties of chief executive officer

651. A corporatised corporation’s chief executive officer is, under itsboard, to manage the corporation.

˙Things done by chief executive officer

652. Anything done in the name of, or for, a corporatised corporation byits chief executive officer is taken to have been done by the corporation.

˙Delegation by chief executive officer

653.(1) A corporatised corporation’s chief executive officer may delegatethe chief executive officer’s powers (including a power delegated to thechief executive officer) to an appropriately qualified employee of thecorporation.

(2) Subsection (1) has effect subject to any directions of the corporation’sboard.


“appropriately qualified” includes having qualifications, experience orstanding appropriate to exercise the power.

Example of ‘standing’—

An employee’s classification level in the corporatised corporation.

s 654 418


s 658

˙Additional provisions about chief executive officer—div 6

654. Additional provisions about a corporatised corporation’s chiefexecutive officer are in division 6.

†Subdivision 7—Corporate plan—general

˙LGOC must have corporate plan

655. Each LGOC must have a corporate plan.

˙Corporate plan to apply to subsidiaries

656. If an LGOC has a subsidiary, the LGOC’s corporate plan mustapply to the LGOC and its subsidiary.

†Subdivision 8—Preparation, agreement on and changes to corporateplan

˙Draft corporate plan

657.(1) Before 1 May of each year, an LGOC’s board must prepare, andsubmit to its shareholder for agreement, a draft corporate plan for at least 3years starting on 1 July of the year.

(2) However, for the LGOC’s first corporate plan, the LGOC must,within 1 month after becoming an LGOC, prepare, and submit to itsshareholder for agreement, a draft corporate plan to apply from itscorporatisation to, at the earliest, the third 30 June after it becomes acorporatised corporation.

(3) The board and the shareholder must try to reach agreement on thedraft plan as soon as possible and, except if subsection (2) applies, not laterthan 1 month before the start of the period covered by the plan.

˙Duration of corporate plan

658. Subject to section 661, a corporate plan of an LGOC continues inforce until a new corporate plan takes effect.

s 659 419


s 661

˙Special procedures in relation to draft corporate plan

659.(1) The shareholder may return the draft corporate plan to the boardand ask it to—

(a) consider or further consider any matter and deal with the matter inthe draft plan; and

(b) revise the draft plan in the light of its consideration or furtherconsideration.

(2) The board must comply with the request as a matter of urgency.

(3) If a draft corporate plan has not been agreed to by the shareholderwithin 2 months from the day on which the LGOC becomes an LGOC, theshareholder may, by written notice, direct the board to—

(a) take stated steps in relation to the draft plan; or

(b) make stated changes to the draft plan.

(4) If a draft corporate plan, other than the first corporate plan, for aperiod from 1 July in a year has not been agreed to by the shareholder by1 June of the year, the shareholder may, by written notice, direct the boardto—

(a) take stated steps in relation to the draft plan; or

(b) make stated changes to the draft plan.

(5) The board must immediately comply with a direction undersubsection (3) or (4).

(6) A copy of a direction must be open to inspection.

˙Corporate plan on agreement

660. Subject to section 658, when a draft corporate plan of an LGOC isagreed to by the shareholder, it becomes the LGOC’s corporate plan for theperiod of the plan.

˙Corporate plan pending agreement

661.(1) If a draft corporate plan for an LGOC has not been agreed to bythe shareholder within 1 month from the day on which it becomes an

s 662 420


s 663

LGOC (“the time”), the last draft corporate plan before the time is taken tobe the LGOC’s corporate plan until a draft corporate plan becomes theLGOC’s corporate plan under section 660.

(2) If an LGOC’s shareholder has not agreed to a draft corporate plan,other than the first corporate plan, on or before 1 July in a year (also “thetime”), the last draft corporate plan before the time is taken to be theLGOC’s corporate plan until a draft corporate plan becomes the LGOC’scorporate plan under section 660.


“last draft corporate plan”, before the time, means the draft corporateplan submitted, or last submitted, by the board to the shareholder (withany changes made by the board, whether before or after the time, at thedirection of the shareholder).

˙Changes to corporate plan

662.(1) An LGOC’s corporate plan may be changed by its board withthe agreement of its shareholder.

(2) The shareholder may, by written notice, direct the board to change thecorporate plan.

(3) Before giving the direction, the shareholder must consult with theboard and take its views into account.

(4) A copy of the direction must be open to inspection.

˙Corporate plan open to inspection

663.(1) A copy of an LGOC’s corporate plan must be open to inspectionat the local government’s public office.

(2) A copy of the corporate plan may be purchased at the localgovernment’s public office.

(3) The price of a copy of the corporate plan must be no more than thecost to the local government of having a copy available for purchase, and, ifthe copy is posted to the purchaser, the postage cost.

s 664 421


s 666

˙Deletion of commercially sensitive matters from corporate plan

664.(1) A matter in the corporate plan of an LGOC may be omitted fromthe copies of it to be made public if—

(a) the matter is of a commercially sensitive nature to the LGOC orits subsidiary; and

(b) a full statement of the matter is given—

(i) if there are shareholder’s delegates155—to the delegates; or

(ii) if there are no shareholder’s delegates—to each councillor ofthe LGOC’s local government.

(2) For section 250(2)(a), a full statement of the matter given toshareholder’s delegates or councillors under subsection (1)(b), isinformation that is confidential to the local government.156

†Subdivision 9—Statement of corporate intent—general

˙Corporatised corporations must have statements of corporate intent

665.(1) Each corporatised corporation must have a statement ofcorporate intent for each financial year.

(2) If the corporation becomes a corporatised corporation other than on1 July in a year, its first statement of corporate intent must be for the periodfrom its corporatisation to 30 June next following.

˙LGOC’s statement of corporate intent must be consistent withcorporate plan

666. An LGOC’s statement of corporate intent must be consistent withits corporate plan.

155 Section 643 (Appointment of councillors as shareholder’s delegates) provides forappointment of shareholder’s delegates.

156 Section 250 (Improper use of information by councillors)

s 667 422


s 668

˙Subsidiary’s statement of corporate intent to be consistent withLGOC’s corporate plan and statement of corporate intent

667. A subsidiary’s statement of corporate intent must be consistent withits LGOC’s corporate plan and statement of corporate intent.

†Subdivision 10—Matters to be included in statement of corporate intent

˙Matters to be included in statement of corporate intent

668.(1) A corporatised corporation’s statement of corporate intent muststate the corporation’s financial and non-financial performance targets for itsactivities for the relevant financial year.

(2) A corporatised corporation’s statement of corporate intent mustinclude the following additional matters—

(a) an outline of the corporation’s objectives and functions;

(b) an outline of the nature and scope of the activities proposed to becarried on by the corporation in the relevant financial year,including details of any changes, since the last statement ofcorporate intent, to the corporation’s undertakings outside the areaof its local government;

(c) an outline of the corporation’s main undertakings and anyintention to dispose of any of them in the relevant financial year;

(d) the corporation’s capital structure and dividend policies;

(e) an outline of the major infrastructure investments proposed to becarried out by the corporation in the relevant financial year;

(f) an outline of the outstanding and proposed borrowings by thecorporation;

(g) an outline of the policies adopted by the corporation to minimiseand manage any risk of investments and borrowings that mayadversely affect its financial stability;

(h) an outline of the corporation’s policies and procedures relating tothe acquisition and disposal of major assets;

(i) the corporation’s accounting policies applying to the preparation

s 669 423


s 669

of its accounts;

(j) the type of information to be given to the shareholder, includinginformation to be given in quarterly and annual reports;

(k) an outline of the employment and industrial relations policies ofthe corporation;

(l) for an LGOC—any proposal for the establishment of a subsidiaryof the LGOC;

(m) the matters set out in the LGOC’s charter transitional part thatcontinue to be relevant to the operations of the corporatisedcorporation.

(3) The corporatised corporation’s shareholder may exempt thecorporation from including any matter, or any aspect of a matter, mentionedin subsection (2) in the statement of corporate intent if the shareholderconsiders the matter or aspect is not materially relevant to the corporatisedcorporation or its activities.

(4) The statement of corporate intent must also include the mattersconcerning its community service obligations required undersection 678.157

(5) Subsections (1), (2) and (4) do not limit the matters that may beincluded in a statement of corporate intent.


The statement of corporate intent could include matters set out in the LGOC’scorporatisation charter.

˙Deletion of commercially sensitive matters from statement of corporateintent

669.(1) A matter in the statement of corporate intent of a corporatisedcorporation may be omitted from the copies of it to be made public if—

(a) the matter is of a commercially sensitive nature to thecorporatised corporation; and

157 Section 678 (Community service obligations to be stated in statement ofcorporate intent)

s 670 424


s 670


(i) if the corporatised corporation is an LGOC and there areshareholder’s delegates158—to the delegates; or

(ii) if the corporatised corporation is an LGOC and there are noshareholder’s delegates—to each councillor of the LGOC’slocal government; or

(iii) if the corporatised corporation is a subsidiary and there areshareholder’s delegates of its LGOC—to the delegates; or

(iv) if the corporatised corporation is a subsidiary and there areno shareholder’s delegates of its LGOC—to each councillorof the LGOC’s local government.

(2) For section 250(2)(a), a full statement of the matter given toshareholder’s delegates or councillors under subsection (1)(b), isinformation that is confidential to the local government.159

†Subdivision 11—Preparation, agreement on and modification ofstatement of corporate intent

˙Draft statement of corporate intent

670.(1) For each financial year, a corporatised corporation’s board mustprepare, and submit to its shareholder for agreement, a draft statement ofcorporate intent before 1 May preceding the financial year.

(2) However, for a corporatised corporation’s first statement of corporateintent, the corporation must, within 1 month after becoming a corporatisedcorporation, prepare, and submit to its shareholder for agreement, a draftstatement of corporate intent to apply from its becoming a corporatisedcorporation.

(3) The board and the shareholder must try to reach agreement on thedraft statement as soon as possible and, except if subsection (2) applies, notlater than the start of the financial year.



s 671 425


s 673

˙Consultation with industrial organisations etc.

671. In preparing a statement of corporate intent, a corporatisedcorporation’s board may consult with interested industrial organisations andemployees.

˙Special procedures in relation to draft statement of corporate intent

672.(1) The shareholder may return the draft statement of corporateintent to the board and ask it to—

(a) consider or further consider any matter and deal with the matter inthe draft statement; and

(b) revise the draft statement in the light of its consideration or furtherconsideration.

(2) The board must comply with the request as a matter of urgency.

(3) If a draft statement of corporate intent has not been agreed to by theshareholder within 2 months from the day on which the corporationbecomes a corporatised corporation, the shareholder may, by written notice,direct the board to—

(a) take stated steps in relation to the draft statement; or

(b) make stated changes to the draft statement.

(4) If a draft statement of corporate intent of the corporation, other thanits first statement of corporate intent, for a period from 1 July in a year hasnot been agreed to by its shareholder by 1 July of the year, the shareholdermay, by written notice, direct the board to—

(a) take stated steps in relation to the draft statement; or

(b) make stated changes to the draft statement.

(5) The board must immediately comply with a direction undersubsection (3) or (4).

(6) A copy of a direction must be open to inspection.

˙Statement of corporate intent on agreement

673. When a draft statement of corporate intent of a corporatised

s 674 426


s 675

corporation is agreed to by its shareholder, it becomes the corporation’sstatement of corporate intent for the period of the statement.

˙Statement of corporate intent pending agreement

674.(1) If a draft statement of corporate intent has not been agreed to byits shareholder within 2 months from the day on which the corporationbecomes a corporatised corporation (“the time”), the last draft statement ofcorporate intent is taken to be the corporation’s statement of corporate intentuntil a draft statement of corporate intent becomes the corporation’sstatement of corporate intent under section 673.

(2) If the shareholder of a corporatised corporation has not agreed to adraft statement of corporate intent, other than the first statement of corporateintent, by 1 July in a year (also “the time”), the last draft statement ofcorporate intent is taken to be the corporation’s statement of corporate intentuntil a draft statement of corporate intent becomes the corporation’sstatement of corporate intent under section 673.


“last draft statement of corporate intent”, before the time, means thedraft statement of corporate intent submitted, or last submitted, by theboard to the shareholder (with any changes by the board, whetherbefore or after the time, at the direction of the shareholder).

˙Changes to statement of corporate intent

675.(1) A corporatised corporation’s statement of corporate intent maybe changed by its board with the agreement of its shareholder.

(2) The shareholder may, by written notice, direct the board to change thestatement of corporate intent.

(3) Before giving the direction, the shareholder must consult with theboard and take its views into account.


s 676 427


s 677

˙Statement of corporate intent open to inspection

676.(1) Subject to section 669, a copy of a corporatised corporation’sstatement of corporate intent must be open to inspection at the localgovernment’s public office.

(2) A copy of the statement of corporate intent may be purchased at thelocal government’s public office.

(3) The price of a copy of the statement of corporate intent must be nomore than the cost to the local government of having the copy available forpurchase, and, if the copy is posted to the purchaser, the postage cost.

(4) The LGOC must give to the chief executive officer of the localgovernment a copy of the current statement of corporate intent of each of itssubsidiaries.

†Subdivision 12—Community service obligations

˙Meaning of “community service obligations”

677.(1) The “community service obligations” of a corporatisedcorporation are obligations to do anything that the corporation’s boardestablishes to the satisfaction of the shareholder—

(a) are not in the commercial interests of the corporation to do; and

(b) arise because of a direction by the corporation’s local governmentto its LGOC; and

(c) do not arise because of the application of the following keyprinciples of corporatisation and their elements—

(i) principle 3—strict accountability for performance;

(ii) principle 4—competitive neutrality.

(2) This section applies to the following directions and duties—

(a) directions given to the LGOC’s board under section 659or 662;160

160 Section 659 (Special procedures in relation to draft corporate plan) or662 (Changes to corporate plan)

s 678 428


s 679

(b) a direction given to the corporatised corporation’s board undersection 672, 675, 679 or 714;161

(c) any duty to carry out activities (including any economicdevelopment activities or activities of a regulatory or policyformulation nature) arising under an Act applying specifically tothe corporatised corporation or corporatised corporationsgenerally.

˙Community service obligations to be stated in statement of corporateintent

678.(1) The community service obligations that a corporatisedcorporation is to do are to be stated in its statement of corporate intent.

(2) The costings of, funding for, or other arrangements to makeadjustments relating to, the corporation’s community service obligations arealso to be stated in its statement of corporate intent.

(3) A corporatised corporation’s statement of corporate intent isconclusive, as between the corporation and its shareholder, of—

(a) the nature and extent of the community service obligations of thecorporation; and

(b) the ways in which, and the extent to which, the corporation is tobe compensated by the shareholder for the community serviceobligations.

†Subdivision 13—General reserve powers of shareholder

˙Reserve power of shareholder to give directions to LGOC in publicinterest

679.(1) An LGOC’s shareholder may, by resolution, give the LGOC’sboard a written direction in relation to the LGOC and its subsidiaries if the

161 Section 672 (Special procedures in relation to draft statement of corporateintent), 675 (Changes of statement of corporate intent), 679 (Reserve power ofshareholder to give directions to LGOC in public interest) or 714 (Reserve powerof shareholder to direct that asset not be disposed of)

s 680 429


s 680

shareholder is satisfied, because of exceptional circumstances, it isnecessary to give the direction in the public interest.

(2) The board must ensure the direction is complied with by the LGOC.

(3) If the direction concerns the LGOC’s subsidiary, the LGOC boardmust, to the extent the direction concerns the subsidiary—

(a) notify the subsidiary of the direction; and

(b) ensure the direction is complied with by the subsidiary.

(4) The subsidiary’s board must ensure that a direction of which it hasbeen notified is complied with in relation to the subsidiary to the extent thatthe direction concerns the subsidiary.

(5) Before giving the direction, the shareholder must—

(a) consult with the LGOC; and

(b) ask the board to advise it whether, in its opinion, complying withthe direction would not be in the commercial interests of theLGOC or any of its subsidiaries.


†Subdivision 14—Suspected insolvency from directions

˙Notice of suspected insolvency because of direction


(a) a corporatised corporation’s board is given a direction by itsshareholder; and

(b) the board suspects the corporation, or, for an LGOC, itssubsidiary, will or may become insolvent; and

(c) in the board’s opinion, the cause or a substantial cause of thesuspected insolvency would be compliance with the direction.

(2) The board must immediately give written notice to the shareholder,the auditor-general and, if the corporation is a subsidiary, its localgovernment of—

(a) the suspicion; and

s 680 430


s 680

(b) its reasons for the opinion.

(3) The notice must state that it is given under this section.

(4) The giving of the notice operates to suspend the direction until—

(a) the shareholder advises the board, in writing, that the shareholderis not satisfied—

(i) the board’s suspicion mentioned in subsection (1)(b) iswell-founded; or

(ii) the board’s opinion mentioned in subsection (1)(c) isjustified; or

(b) the direction is revoked.

(5) If the shareholder is satisfied the board’s suspicion is well-founded,the shareholder must immediately—

(a) if also satisfied the board’s opinion is justified—revoke thedirection; and

(b) in any case—give the board the written directions the shareholderconsiders necessary or desirable, including any directionsnecessary or desirable to ensure—

(i) the corporation or, for an LGOC, its subsidiary does notincur further debts; or

(ii) the LGOC or its subsidiary will be able to pay all its debts asand when they become due.

(6) Without limiting subsection (5), a direction under this section mayrequire an LGOC or any of its subsidiaries to stop or limit particularactivities.

(7) If the shareholder is a local government, a direction undersubsection (5) must be by resolution of the local government.

(8) The board of the corporatised corporation must ensure a directionunder this section is complied with by the corporation.

(9) If the direction to an LGOC’s board concerns the LGOC’ssubsidiary, the LGOC board must, to the extent the direction concerns thesubsidiary—


s 681 431


s 682



(11) A copy of the direction by a local government must be open toinspection.

(12) This section is in addition to, and does not limit, another provisionof this part or another law.

(13) The shareholder must give the auditor-general a copy of everyadvice or direction given under this section to the board.

†Subdivision 15—Limitation on local government directions

˙Corporatised corporation and board not otherwise subject to localgovernment direction

681. Except as otherwise provided by this or another Act, a corporatisedcorporation and its board are not subject to direction by or on behalf of itslocal government under this part.

†Subdivision 16—Reports and other accountability matters

˙Application of Financial Administration and Audit Act

682.(1) The provisions of the Financial Administration and Audit Act1977 that apply to local governments (“the provisions”) apply to acorporatised corporation with any necessary changes.

(2) For the purposes of the provisions, a corporatised corporation is acontrolled entity.

(3) The provisions apply to a corporatised corporation as if a reference inthe Act to the appropriate Minister were a reference to the local government.

s 683 432


s 684

˙Quarterly reports

683.(1) A corporatised corporation’s board must give to its shareholder areport on the corporation’s operations including, for an LGOC, itssubsidiaries for each of the first 3 quarters of a financial year.

(2) A quarterly report must be given to—

(a) for an LGOC if there are shareholder’s delegates—theshareholder’s delegates; and

(b) for corporatised corporations to which paragraph (a) does notapply—the shareholder.

(3) A quarterly report must be given—

(a) within 1 month after the end of the quarter; or

(b) if another period after the end of the quarter is agreed between theboard and the shareholder—within the agreed period.

(4) A quarterly report must include the information required to be givenin the report by the corporation’s statement of corporate intent.

(5) For section 250(2)(a), a quarterly report of an LGOC is informationthat is confidential to the LGOC’s local government.162

˙Annual reports

684.(1) A corporatised corporation’s board must give to its shareholderan annual report on the corporation’s operations including, for an LGOC, itssubsidiaries for each financial year.

(2) The annual report must be given to the shareholder—

(a) within 4 months after the end of the financial year; or

(b) if another period after the end of the financial year is agreedbetween the board and the shareholder—within the agreed period.

(3) The annual report163 must—

(a) contain the information that is required to be included in the report


163 Under section 686 certain material may be deleted from the report.

s 684 433


s 684

by its shareholder to enable an informed assessment to be madeof the corporation’s operations, including for an LGOC, theoperations of its subsidiaries, and including a comparison of theperformance of the corporation with its statement of corporateintent; and

(b) state the corporation’s dividend policy for the financial year towhich the report relates; and

(c) include the statement of corporate intent for the relevant financialyear; and

(d) include particulars of any changes made to the statement ofcorporate intent during the relevant financial year; and

(e) include particulars of any directions given to the board by theshareholder relating to the relevant financial year;164 and

(f) include particulars of the impact on the financial position, profitsand losses and prospects of the corporation, including, for anLGOC, its subsidiaries, of any changes to the statement ofcorporate intent and of any directions given to the board by theshareholder, relating to the relevant financial year.

(4) The annual report must also state whether or not, in the directors’opinion, there are, when the statement is made, reasonable grounds to

164 An LGOC’s shareholder may give directions to the board of an LGOC under—• section 659 (Special procedures in relation to draft corporate plan)

• section 662 (Changes to corporate plan)

• section 672 (Special procedures in relation to draft statement of corporateintent)

• section 675 (Changes to statement of corporate intent)

• section 679 (Reserve power of shareholder to give directions to LGOC inpublic interest)

• section 680 (Notice of suspected insolvency because of direction)

• section 699 (Notice of suspected insolvency otherwise than because ofdirection)

• section 711 (Payment of dividends)

• section 712 (Interim dividends)

• section 714 (Reserve power of shareholder to direct that asset not bedisposed of)

s 685 434


s 686

believe the corporation will be able to pay its debts as and when they falldue.

(5) This section does not limit the matters required to be included in, orto accompany, a corporation’s annual report under another Act or law.

˙Annual report open to inspection

685.(1) A copy of an LGOC’s annual report must be open to inspectionat the local government’s public office.

(2) A copy of the report may be purchased at the local government’spublic office.

(3) The price of a copy of the report must be no more than the cost to thelocal government of having a copy available for purchase, and, if the copy isposted to the purchaser, the postage cost.

˙Omission of certain matters from annual report etc.

686.(1) A matter required to be included in the annual report of anLGOC for a financial year may be omitted from the copies of the annualreport (and accompanying documents) to be made public if—

(a) the matter is of a commercially sensitive nature to the LGOC orits subsidiary; and


(i) if there are shareholder’s delegates165—to the delegates; or

(ii) if there are no shareholder’s delegates—to each councillor ofthe LGOC’s local government.

(2) For section 250(2)(a), a full statement of the matter given toshareholder’s delegates or councillors under subsection (1)(b), isinformation that is confidential to the LGOC’s local government.166

(3) An annual report of an LGOC may include a summary of a matter



s 687 435


s 687

required to be included in the annual report, rather than a full statement ofthe matter, if—

(a) the summary indicates it is a summary only; and

(b) a full statement of the matter is given to the local governmentwhen the annual report is given to the shareholder.

(4) Subsections (1) to (3) have effect despite section 684 or another Actor law.

(5) Subsection (1) has effect despite subsection (3).

˙LGOC board to keep shareholder informed

687.(1) An LGOC’s board must—

(a) keep its shareholder reasonably informed of the operations,financial performance and financial position of the LGOC and itssubsidiaries, including the assets and liabilities, profits and lossesand prospects of the LGOC and its subsidiaries; and

(b) give to the shareholder reports and information that theshareholder requires to enable the shareholder to—

(i) make informed assessments of matters mentioned inparagraph (a); or

(ii) comply with reporting requirements on the shareholderunder an Act; and

(c) if matters arise that, in the board’s opinion, may prevent orsignificantly affect achievement of the LGOC’s objectives ortargets in its statement of corporate intent—immediately informthe shareholder of the matters and its opinion in relation to them.

(2) However, a matter that is of a commercially sensitive nature to anLGOC or its subsidiary may be omitted from information given by theLGOC under subsection (1) if a full statement of the matter is given—

(a) if there are shareholder’s delegates—to the delegates; or

(b) if there are no shareholder’s delegates—to each councillor of theLGOC’s local government.

(3) For section 250(2)(a), a full statement of the matter given to

s 688 436


s 689

shareholder’s delegates or councillors under subsection (2) is informationthat is confidential to the LGOC’s local government.167

(4) Subsection (1) does not limit the matters of which the board isrequired to keep the shareholder informed, or limit the reports orinformation the board is required, or may be required, to give to theshareholder, under another Act or law.

(5) If there are shareholder’s delegates for the LGOC, the reports andinformation under subsection (1) must be given to the shareholder’sdelegates on behalf of the local government.

†Subdivision 17—Duties and liabilities of directors and other officers

˙Disclosure of interests by directors

688.(1) If a corporatised corporation’s director has a direct or indirectinterest in a matter being considered, or about to be considered, by theboard, the director must disclose the nature of the interest to a meeting ofthe board as soon as practicable after the relevant facts come to thedirector’s knowledge.

Maximum penalty—100 penalty units.

(2) The disclosure must be recorded in the board’s minutes.

˙Voting by interested director

689.(1) A corporatised corporation’s director who has a materialpersonal interest in a matter being considered by the board must not—

(a) vote on the matter; or

(b) vote on a proposed resolution (a “related resolution”) undersubsection (2) in relation to the matter (whether in relation to thedirector or another director); or

(c) be present while the matter, or a related resolution, is beingconsidered by the board; or


s 690 437


s 690

(d) otherwise take part in any decision of the board in relation to thematter or a related resolution.


(2) Subsection (1) does not apply to the matter if the board has, at anytime, passed a resolution that—

(a) states the director, the interest and the matter; and

(b) states that the directors voting for the resolution are satisfied theinterest should not disqualify the director from considering orvoting on the matter.

(3) A quorum is present during a consideration of a matter by the boardonly if at least 2 directors are present who are entitled to vote on any motionthat may be moved in relation to the matter.

(4) The corporation’s shareholder or the shareholder’s delegate may, bysigning consent to a proposed resolution, deal with a matter if the boardcannot deal with it because of subsection (3).

˙Duty and liability of certain officers of corporatised corporation

690.(1) An officer of a corporatised corporation must act honestly in theexercise of powers, and discharge of functions, as an officer of thecorporatised corporation.

Maximum penalty—

(a) if the contravention is committed with intent to deceive or defraudthe corporatised corporation, creditors of the corporation orcreditors of another person or for another fraudulentpurpose—500 penalty units or 5 years imprisonment; or

(b) in any other case—100 penalty units.

(2) In the exercise of powers and the discharge of functions, an officer ofa corporatised corporation must exercise the degree of care and diligencethat a reasonable person in a like position in a corporatised corporationwould exercise in the corporation’s circumstances.


(3) An officer of a corporatised corporation, or a person who has been anofficer of a corporatised corporation, must not make improper use of

s 690 438


s 690

information acquired as an officer of the corporatised corporation—

(a) to gain, directly or indirectly, an advantage for himself or herselfor for another person; or

(b) to cause detriment to the corporation.

Maximum penalty—500 penalty units or 5 years imprisonment.

(4) An officer of a corporatised corporation must not make improper useof the officer’s position as an officer of the corporatised corporation—

(a) to gain, directly or indirectly, an advantage for himself or herselfor for another person; or

(b) to cause detriment to the corporation.


(5) If a person contravenes this section in relation to a corporatisedcorporation, the corporation may recover from the person as a debt due tothe corporation—

(a) if anyone made a profit because of the contravention—an amountequal to the profit; and

(b) if the corporation suffered loss or damage because of thecontravention—an amount equal to the loss or damage.

(6) An amount may be recovered from the person under subsection (5)whether or not the person has been convicted of an offence in relation to thecontravention.

(7) Subsection (5) is in addition to, and does not limit, the Crimes(Confiscation of Profits) Act 1989.

(8) In determining for the purposes of subsection (2) the degree of careand diligence that a reasonable person in a like position in a corporatisedcorporation would exercise in the circumstances of the corporatisedcorporation concerned, regard must be had to—

(a) the fact that the person is an officer of the corporatisedcorporation; and

(b) the application of this part to the corporation; and

(c) relevant matters required or permitted to be done under this partin relation to the corporation;

s 691 439


s 691

including, for example—

(d) any relevant community service obligations of the corporation;and

(e) any relevant directions or approvals given to the corporation by itsshareholder.

(9) Subsection (8) does not limit the matters to which regard may be hadfor subsection (2).

(10) This section—

(a) is in addition to, and does not limit, any rule of law relating to theduty or liability of a person because of the person’s office inrelation to a corporation; and

(b) does not prevent civil proceedings being started for a breach ofthe duty or the liability.

˙Prohibition on loans to directors

691.(1) A corporatised corporation must not, whether directly orindirectly—

(a) make a loan to a director, a spouse of a director or a relative ofeither of them; or

(b) give a guarantee or provide security in connection with a loanmade to a director, a spouse of a director or a relative of either ofthem.

(2) Subsection (1) does not apply to the entering into by the corporationof an instrument with a person mentioned in subsection (1) if theinstrument is entered into on the same terms as similar instruments areentered into by the corporation with members of the public.

(3) A director of a corporatised corporation who is knowingly concernedin a contravention of subsection (1) by the corporation (whether or not inrelation to the director) commits an offence.



“relative” means—

s 692 440


s 692

(a) a parent or remoter lineal ancestor; or

(b) a son, daughter or remoter issue; or

(c) a brother or sister.

˙When corporatised corporation not to indemnify officers

692.(1) A corporatised corporation must not—

(a) indemnify a person who is or has been an officer of thecorporation against a liability incurred as an officer; or

(b) exempt a person who is or has been an officer of the corporationfrom a liability incurred as an officer.

(2) An instrument is void so far as it provides for the corporation to dosomething that subsection (1) prohibits.

(3) Subsection (1) does not prevent the corporation from indemnifying aperson against a civil liability (other than a liability to the corporation or asubsidiary of the corporation) unless the liability arises out of conductinvolving a lack of good faith.

(4) Subsection (1) does not prevent the corporation from indemnifying aperson against a liability for costs and expenses incurred by the person—

(a) in defending a proceeding, whether civil or criminal, in whichjudgment is given in favour of the person or in which the personis acquitted; or

(b) in connection with an application in relation to a proceeding inwhich relief is granted to the person by a court.

(5) The corporation may give an indemnity mentioned in subsection (3)or (4) only with the prior approval of its shareholder.


“indemnify” includes indemnify indirectly through 1 or more interposedentities.

s 693 441


s 694

˙Corporatised corporation not to pay premiums for certain liabilities ofofficers

693.(1) A corporatised corporation must not pay, or agree to pay, apremium in relation to a contract insuring a person who is or has been anofficer of the corporation against a liability—

(a) incurred by the person as an officer; and

(b) arising out of conduct involving—

(i) a wilful breach of duty in relation to the corporation; or

(ii) without limiting subparagraph (i), a contravention ofsection 690(3) or (4).

(2) Subsection (1) does not apply to a liability for costs and expensesincurred by a person in defending proceedings, whether civil or criminal,and whatever their outcome.

(3) An instrument is void so far as it insures a person against a liability incontravention of subsection (1).


“pay” includes pay indirectly through 1 or more interposed entities.

˙Director’s duty to prevent insolvent trading

694.(1) If—

(a) immediately before a corporatised corporation incurs a debt—

(i) there are reasonable grounds to suspect that the corporationwill not be able to pay all its debts as and when they becomepayable; or

(ii) there are reasonable grounds to suspect that, if thecorporation incurs the debt, it will not be able to pay all itsdebts as and when they become payable; and

(b) the corporation is, or later becomes, unable to pay all its debts asand when they become payable;

a person who is a director of the corporation, or takes part in thecorporation’s management, at the time when the debt is incurred commitsan offence.

s 695 442


s 695

Maximum penalty—100 penalty units or 1 year’s imprisonment.

(2) In a proceeding against a person for an offence against this section, itis a defence if it is proved—

(a) that the debt was incurred without the person’s express or impliedauthority or consent; or

(b) that, at the time when the debt was incurred, the person did nothave reasonable cause to suspect—

(i) that the corporation would not be able to pay all its debts asand when they became payable; or

(ii) that, if the corporation incurred that debt, it would not be ableto pay all its debts as and when they became payable; or

(c) that the person took all reasonable steps to prevent the corporationfrom incurring the debt; or

(d) for a director—that the person did not take part at the time in thecorporation’s management because of illness or for some othergood cause.

˙Court may order compensation

695.(1) If a person is found guilty of an offence against section 694 inrelation to the incurring of a debt by a corporatised corporation, theSupreme Court or a District Court may declare that the person is to bepersonally responsible without any limitation of liability for the payment tothe corporation of the amount required to satisfy the part of thecorporation’s debts that the court considers proper.

(2) This section does not affect any rights of a person to indemnity,subrogation or contribution.

(3) This section—

(a) is in addition to, and does not limit, any rule of law about the dutyor liability of a person because of the person’s office in relation toa corporation; and

(b) does not prevent proceedings being instituted for a breach of theduty or the liability.

s 696 443


s 696

˙Examination of persons concerned with corporatised corporations

696.(1) If it appears to the Attorney-General or a local government thatthere are reasonable grounds to believe—

(a) a person who has been concerned, or taken part, in a corporatisedcorporation’s management, administration or affairs has been, ormay have been, guilty of fraud, negligence, default, breach oftrust or breach of duty or other misconduct in relation to thecorporation; or

(b) a person may be capable of giving information in relation to acorporatised corporation’s management, administration or affairs;

the Attorney-General or local government may apply to the Supreme Courtor a District Court for an order under this section in relation to the person.

(2) If the Attorney-General makes an application under subsection (1)about a corporatised corporation, the Attorney-General must, as soon aspracticable, advise the corporation’s local government.

(3) A local government may only make an application undersubsection (1) in relation to its corporatised corporation and must, as soonas practicable after making an application, advise the Attorney-General.

(4) If the court is satisfied it is reasonable and appropriate for the personto be examined, the court may order that the person attend before the courtat a time and place fixed by the court to be examined on oath on any mattersrelating to the corporation’s management, administration or affairs.

(5) The examination of the person is to be held in public except so far asthe court considers that, because of special circumstances, it is desirable tohold the examination in private.

(6) The court may give directions about—

(a) the matters to be inquired into at the examination; and

(b) the procedures to be followed at the examination (including, if theexamination is to be held in private, the persons who may bepresent).

(7) The person must not fail, without reasonable excuse—

(a) to attend as required by the order; or

(b) to continue to attend as required by the court until the completion

s 696 444


s 696

of the examination.


(8) The person must not fail to take an oath or make an affirmation at theexamination.


(9) The person must not fail to answer a question that the person isdirected by the court to answer.


(10) The person may be directed by the court (whether in the order or bysubsequent direction) to produce any document in the person’s possession,or under the person’s control, relevant to the matters on which the person isto be, or is being, examined.

(11) The person must not, without reasonable excuse, contravene adirection under subsection (10).


(12) If the court directs the person to produce a document and the personhas a lien on the document, the production of the document does notprejudice the lien.

(13) The person must not knowingly make a statement at theexamination that is false or misleading in a material particular.


(14) The person is not excused from answering a question put to theperson at the examination on the ground that the answer might tend toincriminate the person or make the person liable to a penalty.

(15) If—

(a) before answering a question put to the person at the examination,the person claims that the answer might tend to incriminate theperson or make the person liable to a penalty; and

(b) the answer might in fact tend to incriminate the person or makethe person liable to a penalty;

the answer is not admissible in evidence against the person in—

(c) a criminal proceeding; or

s 697 445


s 697

(d) a proceeding for the imposition of a penalty;

other than a proceeding for an offence against this section or anotherproceeding in relation to the falsity of the answer.

(16) The court may order the questions put to the person and the answersgiven by the person at the examination to be recorded in writing and mayrequire the person to sign the record.

(17) Subject to subsection (15), any written record of the examinationsigned by the person, or any transcript of the examination that isauthenticated by the signature of the examiner, may be used in evidence inany legal proceeding against the person.

(18) The person may, at the person’s own expense, employ a lawyer,and the lawyer may put to the person questions that the court considers justto enable the person to explain or qualify any answers given by the person.

(19) The court may adjourn the examination from time to time.

(20) The court may order the whole or any part of the costs incurred bythe person be paid by—

(a) if the application was made by the Attorney-General—the State;or

(b) if the application was made by a local government—the localgovernment.

˙Power to grant relief

697.(1) This section applies to a corporatised corporation’s director, chiefexecutive officer or employee.

(2) If, in a proceeding against a person to whom this section applies fornegligence, default, breach of trust or breach of duty as a person to whomthis section applies, it appears to the court that—

(a) the person is or may be liable for the negligence, default orbreach; but

(b) the person has acted honestly and, having regard to all thecircumstances of the case (including circumstances connectedwith the person’s appointment) the person ought fairly to beexcused for the negligence, default or breach;

s 698 446


s 698

the court may relieve the person (in whole or part) from liability on termsthe court considers appropriate.

(3) If a person to whom this section applies believes a claim will ormight be made against the person for negligence, default, breach of trust orbreach of duty as a person to whom this section applies, the person mayapply to the Supreme Court or a District Court for relief.

(4) The court has the same power to relieve the person as it would have ifa proceeding had been brought against the person in the court for thenegligence, default or breach.

(5) If—

(a) a proceeding mentioned in subsection (2) is being tried by a judgewith a jury; and

(b) the judge, after hearing the evidence, is satisfied that the defendantought under that subsection be relieved (in whole or part) fromthe liability sought to be enforced against the person;

the judge may withdraw the case (in whole or part) from the jury and directthat judgment be entered for the defendant on the terms (as to costs orotherwise) the judge considers appropriate.

˙False or misleading information or documents

698.(1) An officer of a corporatised corporation must not—

(a) make a statement concerning the affairs of the corporation toanother officer or the corporation’s shareholder that the firstofficer knows is false or misleading in a material particular; or

(b) omit from a statement concerning the corporation’s affairs madeto another officer or the corporation’s shareholder anythingwithout which the statement is, to the first officer’s knowledge,misleading in a material particular.

(2) A complaint against a person for an offence against subsection (1)(a)or (b) is sufficient if it states that the information given was false ormisleading to the person’s knowledge.

(3) An officer of a corporatised corporation must not give to an officer,the corporation’s shareholder, a director, officer or employee of the

s 699 447


s 699

shareholder, the corporation’s local government or a councillor of thecorporation’s local government a document containing information that thefirst officer knows is false, misleading or incomplete in a material particularwithout—

(a) indicating to the recipient that the document is false, misleading orincomplete and the respect in which the document is false,misleading or incomplete; and

(b) giving the correct information to the recipient if the first officerhas, or can reasonably obtain, the correct information.

Maximum penalty for subsections (1) and (3)—

(a) if the contravention is committed with intent to deceive or defraudthe corporatised corporation, creditors of the corporation orcreditors of another person or for another fraudulentpurpose—500 penalty units or 5 years imprisonment; or

(b) in any other case—100 penalty units.

˙Notice of suspected insolvency otherwise than because of direction


(a) a corporatised corporation’s board suspects that the corporationor, for an LGOC, its subsidiary is, may be, will or may becomeinsolvent; and

(b) in the board’s opinion, compliance with a direction given by theshareholder is not or would not be the cause or a substantial causeof the suspected insolvency.

(2) The board must immediately give written notice to the corporation’sshareholder and the auditor-general and, if the corporation is a subsidiary, toits local government of—

(a) the suspicion; and

(b) its reasons for the opinion.

(3) The notice must state that it is given under this section.

(4) If the shareholder is satisfied that the board’s suspicion iswell-founded, the shareholder must immediately give the board the writtendirections that the shareholder considers necessary or desirable, including

s 700 448


s 700

any directions necessary or desirable to ensure—

(a) the corporation or subsidiary does not incur further debts; or

(b) the corporation or subsidiary will be able to pay all its debts asand when they become due.

(5) Without limiting subsection (4), a direction under this section mayrequire the corporation or, for an LGOC, any of its subsidiaries, to cease orlimit particular activities.

(6) If the shareholder is a local government, a direction undersubsection (4) must be by resolution of the local government.

(7) The board must ensure a direction under this section is complied withby the corporation.

(8) If the direction to an LGOC’s board concerns the LGOC’ssubsidiary, the LGOC’s board must, to the extent the direction concerns thesubsidiary—




(10) A copy of the direction by a local government must be open toinspection.

(11) This section is in addition to, and does not limit, another provisionof this part or another law.

(12) This section has effect despite the Corporations Law.

(13) The shareholder must give the auditor-general a copy of everyadvice or direction given under this section to the board.

†Subdivision 18—Legal capacity and powers

˙Objects of subdivision

700. The objects of this subdivision include—

s 701 449


s 701

(a) abolishing any application of the doctrine of ultra vires tocorporatised corporations; and

(b) ensuring corporatised corporations give effect to any restrictionson their objects or powers, but without affecting the validity oftheir dealings with others.

˙General powers of corporatised corporations

701.(1) A corporatised corporation has, for or in connection with theperformance of its functions, all the powers of a natural person, including,for example, the power to—

(a) enter into contracts; and

(b) acquire, hold, dispose of and deal with property; and

(c) appoint agents and attorneys; and

(d) charge, and fix terms, for goods, services and informationsupplied by it; and

(e) engage consultants; and

(f) do all other things necessary or convenient to be done for, or inconnection with, the performance of its functions.

(2) Without limiting subsection (1), the corporatised corporation has thepowers that are conferred on it by this or another Act.

(3) The corporatised corporation may exercise its powers inside andoutside Queensland.

(4) Without limiting subsection (3), the corporatised corporation mayexercise its powers in a foreign country.

(5) The fact that the doing of an act by the corporatised corporationwould not be, or is not, in its best interests does not affect its power to dothe act.


“power” includes legal capacity.

s 702 450


s 702

˙Restrictions on powers of corporatised corporations

702.(1) Section 701 has effect in relation to a corporatised corporationsubject to any restrictions on the corporation’s powers expressly imposedunder this or another Act.

(2) Section 701 also has effect in relation to the corporatised corporationsubject to any restrictions expressly imposed by—

(a) any relevant statement of corporate intent of the corporation; and

(b) any relevant directions or approvals given to the corporation bythe corporation’s shareholder.

(3) A corporatised corporation must not—

(a) exercise a power contrary to a restriction mentioned insubsection (1) or (2); or

(b) do an act otherwise than in pursuance of the corporation’s objectsor functions.

(4) The exercise of a power or the doing of an act is not invalid merelybecause—

(a) the power is exercised in contravention of subsection (3)(a); or

(b) the act is done in contravention of subsection (3)(b).

(5) An officer of the corporatised corporation who is involved in thecontravention contravenes this subsection.

(6) An act of the officer is not invalid merely because, by doing the act,the officer contravenes subsection (5).

(7) The corporatised corporation or officer of the corporation is not guiltyof an offence merely because of the relevant contravention.

(8) The fact that—

(a) by exercising the powers mentioned in subsection (3)(a), or doingthe act as mentioned in subsection (3)(b), the corporatisedcorporation contravened, or would contravene, subsection (3); or

(b) by doing a particular act, an officer of the corporationcontravened, or would contravene, subsection (5);

may be asserted or relied on only in proceedings between the corporationand officers of the corporation.

s 703 451


s 703


“restriction” includes prohibition.

˙Persons having dealings with corporatised corporations etc.

703.(1) A person having dealings with a corporatised corporation isentitled to make the assumptions mentioned in subsection (4) and, in aproceeding in relation to the dealings, any assertion by the corporation thatthe matters that the person is entitled to assume were not correct must bedisregarded.

(2) A person (the “first person”) having dealings with a person (the“second person”) who has acquired, or purports to have acquired, title toproperty from a corporatised corporation (whether directly or indirectly) isentitled to make the assumptions mentioned in subsection (4).

(3) In a proceeding in relation to the dealings mentioned insubsection (2), any assertion by the corporation or the second person thatthe matters that the first person is entitled to assume were not correct mustbe disregarded.

(4) The assumptions that a person is, because of subsections (1) to (3),entitled to make are—

(a) that, at all relevant times, this part has been complied with; and

(b) that a person who is held out by the corporation to be an officer oragent of the corporation has been properly appointed and hasauthority to exercise the powers and perform the functionscustomarily exercised or performed by an officer or agent of thekind concerned; and

(c) that an officer or agent of the corporation who has authority toissue a document on behalf of the corporation has authority towarrant that the document is genuine and that an officer or agentof the corporation who has authority to issue a certified copy of adocument on behalf of the corporation has authority to warrantthat the copy is a true copy; and

(d) that a document has been properly sealed by the corporation if—

(i) it bears what appears to be an imprint of the corporation’sseal; and

s 704 452


s 704

(ii) the sealing of the document appears to be authenticated by aperson who, because of paragraph (b), may be assumed tobe a director of the corporation or the corporation’s chiefexecutive officer; and

(e) that the corporation’s directors, chief executive officer, employeesand agents have properly performed their duties to thecorporation.

(5) However, a person is not entitled to assume a matter mentioned insubsection (4) if—

(a) the person has actual knowledge the assumption would beincorrect; or

(b) because of the person’s connection or relationship with thecorporation, the person ought to know the assumption would beincorrect.

(6) If, because of subsection (5), a person is not entitled to make aparticular assumption—

(a) if the assumption is in relation to dealings with thecorporation—subsection (1) does not apply to any assertion bythe corporation in relation to the assumption; or

(b) if the assumption is in relation to an acquisition or purportedacquisition from the corporation of title toproperty—subsections (2) and (3) do not apply to any assertionby the corporation or another person in relation to the assumption.

˙LGOC may direct subsidiary

704.(1) An LGOC may give written directions to a subsidiary of theLGOC—

(a) to ensure the subsidiary complies with, and gives effect to thepurposes of, this part; and

(b) about the payment of amounts to allow the LGOC to makepayments under sections 711 and 712.168

168 Sections 711 (Payment of dividends) and 712 (Interim dividends)

s 705 453


s 707

(2) An LGOC’s local government may, by resolution, provide for anLGOC to give directions to a subsidiary about anything else.

˙Subsidiaries must comply with directions

705. A subsidiary must comply with a direction given to it undersection 704.

˙Sections 704 and 705 not limiting

706. Sections 704 and 705 do not, by implication, limit the powers thatan LGOC otherwise has to direct a subsidiary.

†Subdivision 19—Finance—taxation

˙State taxes

707.(1) A corporatised corporation is not liable to pay State taxes inrelation to any matter, instrument, transaction or thing greater than the Statetaxes that it would have been liable to pay in relation to the matter,instrument, transaction or thing if the corporation were a local government.

Examples for subsection (1)—

1. If the local government is liable to pay payroll tax in relation to the payroll foremployees, an LGOC would also be liable to pay the tax.

2. If, as a local government, stamp duty is not payable on a transaction, theLGOC is not liable to pay that duty.

(2) State tax is not payable in relation to anything done (including, forexample, a transaction entered into or an instrument made, executed, lodgedor given) because of, or for a purpose connected with or arising out of,division 2 or subdivision 3 of this division.169

(3) So far as the legislative power of the Parliament permits, the

169 Division 2 (Mechanisms for creating LGOCs and subsidiaries) and division 3(Local government owned corporations and subsidiaries), subdivision 3 (Sharesof corporatised corporations)

s 708 454


s 709

reference in subsection (2) to State tax includes a reference to tax imposedunder an Act of another State.

˙Commonwealth and State tax equivalents

708.(1) The Treasurer may issue a manual (the “tax equivalentsmanual”) about deciding the amounts (“tax equivalents”) to be paid by acorporatised corporation to its local government as the value of benefitsderived by the corporation because it is not liable to pay Commonwealth orState tax that would be payable if it were neither a corporatised corporationnor a local government.

(2) Without limiting subsection (1), the tax equivalents manual mayprovide for—

(a) rulings by the tax assessor appointed under subsection (3) onissues about tax equivalents, including the application of rulingsunder a Commonwealth Act about Commonwealth tax; and

(b) the lodging of returns and giving of information by corporatisedcorporations; and

(c) assessing returns; and

(d) the functions and powers of the tax assessor; and

(e) objections and appeals against assessments and rulings.

(3) The Treasurer may appoint a person to be the tax assessor under thetax equivalents manual.

(4) A corporatised corporation must, as required under the taxequivalents manual, pay tax equivalents to its local government.

(5) The Treasurer must table a copy of the tax equivalents manual, andeach amendment of the manual, in the Legislative Assembly within14 sitting days after the manual is issued or the amendment made.

†Subdivision 20—Finance—borrowings and guarantees

˙Guarantees by local government

709. A local government is liable for the debts and other liabilities of its

s 710 455


s 711

corporatised corporations only if, and to the extent that, the liability isexpressly and lawfully undertaken on behalf of the local government.

˙Payment for cost of funds advantage of guarantees by localgovernment

710. If the State or a local government guarantees repayment by acorporatised corporation of its debt, the corporation must pay to its localgovernment amounts equivalent to the cost of funds advantage overcommercial rates of interests.

†Subdivision 21—Finance—dividends

˙Payment of dividends

711.(1) Within 1 month after the end of each financial year, acorporatised corporation’s board must advise the corporation’s shareholderof the recommendation that, in the light of the information then available tothe board, it is likely to make under subsection (2).

(2) Within 4 months after the end of the financial year, the board mustrecommend to the shareholder that the corporation pay a stated dividend, ornot pay a dividend, for the financial year.

(3) The board must consult with the shareholder before making therecommendation.

(4) Within 1 month after receiving the recommendation, the shareholdermust either—

(a) approve the recommendation; or

(b) direct the payment of a stated dividend or a different stateddividend.

(5) If the shareholder is a local government, the approval or directionmust be by resolution of the local government.

(6) The corporation’s dividend for a financial year must not exceed itsprofits, after—

(a) provision has been made for any income tax or its equivalents;

s 712 456


s 712

and

(b) any unrealised capital gains from upwards revaluation ofnon-current assets have been excluded.

(7) The dividend must be paid within 6 months after the end of thefinancial year or any further period that the shareholder allows.

(8) For a corporation that is corporatised other than on 1 July, its firstfinancial year is the period from the day of its corporatisation to 30 Junefollowing, unless its local government resolves a longer period.


˙Interim dividends

712.(1) A corporatised corporation’s shareholder may, at any time after 1January in a financial year, require the corporation’s board to make arecommendation about the payment of interim amounts to the shareholder(including the times at which the amounts are to be paid) on account of thedividend that may become payable under section 711 for the financial year.

(2) Within 1 month after receiving notice of the requirement, the boardmust make a recommendation to the shareholder.

(3) The shareholder must, within 1 month after receiving therecommendation, either—

(a) approve the recommendation; or

(b) direct the payment, at stated times, of stated amounts, or differentstated amounts, on account of the dividend that may becomepayable for the financial year.

(4) If the shareholder is a local government, the approval and directionmust be by resolution of the local government.

(5) A direction under subsection (3)(b) must not direct the payment of anamount that is more than the corporatised corporation’s estimated profit forthe first 6 months of the financial year, after—

(a) provision has been made for any income tax or its equivalents;and

(b) any unrealised capital gains from upwards revaluation of

s 713 457


s 714

non-current assets have been excluded.


˙Dividend payment for financial year of becoming a corporatisedcorporation

713. For applying section 711 to a corporatised corporation for thefinancial year when it became a corporatised corporation, a dividend, or anamount in the nature of a dividend, payable by the corporation is payablefor, at the discretion of the corporation’s shareholder—

(a) the entire financial year; or

(b) the part of the financial year for which it was a corporatisedcorporation.

Example—

A candidate LGOC becomes the business of an LGOC on 1 January 2000.Depending on what the shareholder decides, the dividend the LGOC has to pay forthe 1999–2000 financial year will relate either to the entire financial year (eventhough it is an LGOC for only half the year), or only to the period 1 January 2000 to30 June 2000.

†Subdivision 22—Acquisition and disposal of assets and subsidiaries

˙Reserve power of shareholder to direct that asset not be disposed of

714.(1) An LGOC’s shareholder may, after consultation with theLGOC’s board, give the board a written direction requiring the LGOC or asubsidiary of the LGOC not to dispose of a stated asset or class of assets.

(2) The direction must be by resolution of the local government.

(3) The board must ensure the direction is complied with by itssubsidiaries.

(4) If the direction to an LGOC’s board concerns the LGOC’ssubsidiary, the LGOC’s board must, to the extent the direction concerns thesubsidiary—


s 715 458


s 718




˙Disposal of main undertakings

715.(1) An LGOC or a subsidiary may dispose of any of its mainundertakings only with the prior approval, by resolution, of the LGOC’slocal government.

(2) Subject to subsection (1), if an LGOC or its subsidiary disposes ofany of its main undertakings, the LGOC must, as soon as practicable, givethe local government written notice of the disposal.

˙Acquiring of other subsidiaries prohibited

716.(1) A corporatised corporation must not form, or participate informing, a company that would become its subsidiary if the corporatisedcorporation were a corporation registered under the Corporations Law.

(2) A corporatised corporation may only acquire shares, or participate inany other transaction, that will result in a body corporate becoming orceasing to be its subsidiary if the body corporate is established under thispart.

†Subdivision 23—Employees

˙Employees of corporatised corporations

717. The chief executive officer of a corporatised corporation may, onbehalf of the corporation, engage the employees the chief executive officerconsiders necessary to perform the corporation’s functions.

˙Terms of employment

718.(1) The terms of employment of the employees of a corporatised

s 719 459


s 720

corporation are as determined by the corporation.

(2) Subsection (1) has effect subject to any relevant award or industrialagreement.

(3) Employees of a corporatised corporation are not employees of itslocal government.

˙Arrangements relating to staff

719.(1) A corporatised corporation may arrange with the chief executiveof a department, or with an authority of the State, or the chief executiveofficer of a local government for the services of officers or employees ofthe department or authority or local government to be made available to it.

(2) A corporatised corporation may arrange with the appropriateauthority of the Commonwealth or another State, or with an authority of theCommonwealth or another State, for the services of officers or employeesof the public service of the Commonwealth or State, or of the authority, tobe made available to it.

(3) A corporatised corporation may arrange for the services of anemployee of the corporation to be made available to—

(a) the Commonwealth or another State; or

(b) an authority of the Commonwealth or another State; or

(c) a local government.

˙Superannuation schemes

720.(1) A corporatised corporation may—

(a) establish or amend superannuation schemes; or

(b) join in establishing or amending superannuation schemes; or

(c) take part in superannuation schemes.

(2) However, the corporation may not establish or take part in asuperannuation scheme that does not meet the requirements of theSuperannuation Industry (Supervision) Act 1993 (Cwlth).

s 721 460


s 721

˙Superannuation for officers and employees of corporatisedcorporation who were previously officers of a local government

721.(1) In this section—

“existing scheme”, for a person to whom this section applies, means theLocal Government Superannuation Scheme or a superannuationscheme established by Brisbane City Council for council employeesunder the City of Brisbane Act 1924.

“person to whom this section applies” means a person employed by acorporatised corporation who, immediately before becomingemployed, was a member of an existing scheme.

(2) If a person to whom this section applies was employed by BrisbaneCity Council, subject to subsection (4)—

(a) the person is to continue to be a member of the existing schemeand, for that purpose, is taken to be a council employee; and

(b) the existing scheme continues to apply to the person and, for thepurpose, the corporatised corporation is to contribute to thescheme as if it were the Brisbane City Council.

(3) If a person to whom this section applies was employed by anotherlocal government, subject to subsection (4)—

(a) the person is to continue to be a member of the existing schemeand, for that purpose, is taken to be an employee of a localgovernment and an eligible member under section 1181(1);170

and

(b) the existing scheme continues to apply to the person, and, for thepurpose, the corporatised corporation is taken to be a localgovernment employing the person for chapter 17, part 3.

(4) If—

(a) the corporatised corporation establishes, joins in establishing ortakes part in establishing a superannuation scheme (other than anexisting scheme); and

(b) a person continued to be a member of an existing scheme under

170 Section 1181 (Membership of scheme)

s 722 461


s 722

subsection (2) or (3);

the person may, under arrangements prescribed under a regulation, stopbeing a member and become a member of the scheme established or takenpart in by the corporation.

˙Preservation of leave and other entitlements of certain formeremployees of local government

722.(1) This section applies to a person who—

(a) becomes employed by a corporatised corporation in a permanentor full-time capacity within 1 year after the corporation becomes acorporatised corporation; and

(b) was an employee of a local government employed in a permanentor full-time capacity immediately before becoming employed bythe corporation.

(2) If, when first employed by the corporatised corporation, the personhad leave entitlements that had been accrued as an employee of a localgovernment, the person must be treated as having accrued the entitlementsas an employee of the corporation.

(3) If, when first employed by the corporatised corporation, the personhad not accrued leave entitlements as an employee of a local government,for accruing leave entitlements of the person as an employee of thecorporation, the person’s employment with the local government is taken tobe employment by the corporation.

(4) A person is not under this section to claim or receive benefits twicefor the same entitlement.

(5) If the person, as an employee of the corporatised corporation, is orbecomes entitled to another entitlement based on the person’s length ofservice with the corporation, the person’s employment with the localgovernment is taken to be employment by the corporation.

(6) A person’s cessation of employment with a local government tobecome an employee of the corporatised corporation is not to be treated as atermination of the person’s employment with the local government under aredundancy or voluntary early retirement or other similar arrangement.

s 723 462


s 725

†Subdivision 24—Other matters

˙Corporatised corporation’s seal

723.(1) A corporatised corporation’s seal is to be kept in the custodydirected by the board and may be used only as authorised by the board.

(2) The attaching of the seal to a document must be witnessed by—

(a) 2 or more directors; or

(b) at least 1 director and the corporation’s chief executive officer; or

(c) a director or the corporation’s chief executive officer and 1 ormore persons authorised by the board.

(3) Judicial notice must be taken of the imprint of the corporation’s sealappearing on a document.

˙Change of functions and name of corporatised corporation

724.(1) A local government may, by resolution, change the functions orname of its corporatised corporation.

(2) A resolution under this section takes effect on publication in thegazette of notice of the making of the resolution or a later day stated in theresolution and the notice.

˙Authentication of documents

725. A document made by a corporatised corporation (other than adocument that is required by law to be sealed) is sufficiently authenticated ifit is signed by—

(a) the chairperson of the board; or

(b) the corporation’s chief executive officer; or

(c) a person authorised to sign the document by—

(i) resolution of the board; or

(ii) direction of the corporation’s chief executive officer.

s 726 463


s 728

˙Judicial notice of certain signatures

726. Judicial notice must be taken of—

(a) the official signature of a person who is or has been chairpersonof the board of a corporatised corporation or a corporatisedcorporation’s director or chief executive officer; and

(b) the fact that the person holds or has held the office concerned.

˙Application of Criminal Justice Act

727. A corporatised corporation is a unit of public administration for theCriminal Justice Act 1989.

˙Application of Parliamentary Commissioner Act 1974

728.(1) The Parliamentary Commissioner Act 1974 does not apply to—

(a) a corporatised corporation prescribed under a regulation; or

(b) the making of a recommendation to the shareholder of acorporatised corporation; or

(c) a decision about a corporatised corporation’s commercial policy;or

(d) a corporatised corporation in relation to its commerciallycompetitive activities.


“commercially competitive activity” means activity carried on, on acommercial basis, in competition with a person, other than—

(a) the Commonwealth or a State; or

(b) a State authority; or

(c) a local government.

s 729 464


s 729

†Division 4—Miscellaneous

˙Monitoring and assessment of corporatised corporations

729.(1) The shareholder of an LGOC or its shareholder’s delegate maydelegate the shareholder’s powers under section 687171 to an appropriatelyqualified person.

(2) The shareholder of a corporatised corporation may ask the chiefexecutive officer of the local government to investigate, and report on, anymatter relating to the corporatised corporation.

(3) For the investigation, the chief executive officer may give thecorporation written directions.

(4) Without limiting subsection (3), the chief executive officer may directthe corporation—

(a) to give to the chief executive officer any information about thecorporation and its subsidiaries the chief executive officerconsiders necessary or desirable in connection with theinvestigation; and

(b) to permit persons authorised by the chief executive officer to haveaccess to stated records and other documents about thecorporation and its subsidiaries that the chief executive officerconsiders necessary or desirable in connection with theinvestigation; and

(c) to take steps that the chief executive officer considers necessary ordesirable for the investigation.

(5) The corporation must ensure any direction given to it under thissection—

(a) is complied with by itself; and

(b) is also complied with by its subsidiaries.

(6) The chief executive officer may delegate to an appropriately qualifiedemployee of the local government or another appropriately qualified person

171 Section 687 (LGOC board to keep shareholder informed)

s 730 465


s 733

the chief executive officer’s powers under this section (including powersdelegated to the chief executive officer under subsection (1)).

˙Giving of documents to board

730. If this part authorises or requires a document to be given to a boardof a corporatised corporation, it may be given to the chairperson of theboard.

˙Judicial notice of certain resolutions

731.(1) This section applies to resolutions under this part that, to beeffective, must be published in the gazette.

(2) To avoid any doubt, it is declared that on a resolution taking effect, ithas the force of law.

(3) On publication in the gazette of a notice of the resolution, judicialnotice must be taken of the resolution.

˙When resolutions amending certain resolutions take effect

732. If, under this part, a resolution of a local government (the “firstresolution”) does not take effect until publication in the gazette of a noticeof the making of the resolution, another resolution of the local governmentamending the first resolution also has no effect until publication in thegazette of notice of the making of the resolution or a later day stated in theresolution and the notice.

˙Local governments and certain officers not directors etc.

733.(1) This section does not apply to a councillor or employee of a localgovernment who is a director of an LGOC to the extent the councillor oremployee acts in the capacity of director.

(2) The following are not to be treated as officers of an LGOC or anysubsidiary of the LGOC—

(a) shareholders of the LGOC;

(b) the shareholder’s delegates;

s 734 466


s 735

(c) for a subsidiary—its LGOC;

(d) councillors of the LGOC’s local government in the performanceof their duties as councillors for the local government;

(e) employees of the LGOC’s local government in the performanceof their duties as employees for the local government.

(3) A councillor or employee of a local government does not incur civilliability for an act or omission done or omitted to be done honestly andwithout negligence under this part in relation to an LGOC or a subsidiary ofan LGOC.

(4) A liability that would, apart from subsection (3), attach to thecouncillor or employee attaches instead to the local government.

(5) This section has effect despite the Corporations Law.

†Division 5—Additional provisions relating to board of corporatisedcorporations

†Subdivision 1—Composition of board

˙Composition of board

734.(1) An LGOC’s board must consist of at least 5 directors appointedby its shareholder.

(2) An LGOC’s subsidiary’s board must consist of at least 5 directorsappointed by its LGOC.

˙Chairperson and deputy chairperson

735.(1) The shareholder must appoint a director to be the chairperson ofits LGOC’s board and may appoint another director to be the board’sdeputy chairperson.

(2) The LGOC must appoint a director of its subsidiary to be thechairperson of the subsidiary’s board and may appoint another director tobe the board’s deputy chairperson.

(3) If there is a deputy chairperson, the deputy chairperson is to act as

s 736 467


s 739

chairperson—

(a) during a vacancy in the office of chairperson; and

(b) during all periods when the chairperson is absent from duty or,for another reason, cannot perform the functions of the office.

†Subdivision 2—Meetings and other business of board

˙Meaning of “required minimum number” of directors

736. In this part, “required minimum number” of directors is thenumber that is half the number of directors of which the board for the timebeing consists or, if that number is not a whole number, the next higherwhole number.

˙Conduct of meetings and other business

737. Subject to this part, the board may conduct its business (includingits meetings) in the way it considers appropriate.

˙Times and places of meetings

738.(1) Meetings of the board are to be held at the times and places thatthe board determines.

(2) However, the chairperson—

(a) may at any time call a meeting; and

(b) if asked by at least the required minimum number ofdirectors—must call a meeting as requested.

˙Presiding at meetings

739.(1) The chairperson is to preside at all meetings at which thechairperson is present.

(2) If the chairperson is not present at a meeting, the deputy chairpersonis to preside.

(3) If both the chairperson and deputy chairperson are not present at a

s 740 468


s 742

meeting, the director chosen by the directors present at the meeting is topreside.

˙Quorum and voting at meetings

740.(1) At a meeting of the board—

(a) the required minimum number of directors constitutes a quorum;and

(b) a question is to be decided by a majority of the votes of thedirectors present and voting; and

(c) each director present has a vote on each question arising fordecision and, if the votes are equal, the director presiding also hasa casting vote.

(2) Subsection (1)(a) has effect subject to section 689(3).172

˙Participation in meetings by telephone etc.

741.(1) The board may permit directors to participate in a particularmeeting, or all meetings, by—

(a) telephone; or

(b) closed circuit television; or

(c) another form of communication that allows reasonablycontemporaneous and continuous communication between thedirectors taking part in the meeting.

(2) A director who participates in a meeting of the board under apermission under subsection (1) is taken to be present at the meeting.

˙Resolutions without meetings

742.(1) If at least a majority of directors sign a document containing astatement that they are in favour of a resolution set out in the document, aresolution in those terms is taken to have been passed at a meeting of theboard held on the day on which the document is signed or, if the directors

172 Section 689 (Voting by interested director)

s 743 469


s 746

do not sign it on the same day, the day on which the last of the directorsconstituting the majority signs the document.

(2) If a resolution is, under subsection (1), taken to have been passed at ameeting of the board, each director must immediately be advised of thematter and given a copy of the terms of the resolution.

(3) For subsection (1), 2 or more separate documents containing astatement in identical terms, each of which is signed by 1 or more directors,are taken to constitute a single document.

˙Minutes

743. The board must keep minutes of its proceedings.

†Subdivision 3—Provisions relating to directors

˙Appointment of directors

744.(1) A director of a corporatised corporation is to be appointed by itsshareholder for a term of not more than 5 years.

(2) A person is not eligible for appointment if the person is not able tomanage a corporation, within the meaning of the Corporations Law,because of section 229 of the Corporations Law.

˙LGOC director not to be chief executive officer or other employee ofLGOC’s subsidiary

745. A person must not be both a director of an LGOC and the chiefexecutive officer or another employee of a subsidiary of the LGOC.

˙Procedure for appointment of directors

746.(1) A shareholder of a corporatised corporation must adoptprocesses for selection of appropriate persons for appointment as directorsof the corporation.

(2) In appointing a person as a director, the shareholder must have regardto the person’s ability to make a contribution to the corporation’s

s 747 470


s 747

commercial performance and implementation of its statement of corporateintent.

(3) The processes are to be based on the principle that the board shouldhave the appropriate range of skills to ensure the corporation is a successfulbusiness.

(4) The shareholder must—

(a) identify the key attributes required; and

(b) call for nominations through public advertising and canvassing ofsuitable individuals; and

(c) evaluate nominations using independent expertise; and

(d) provide for interviews of shortlisted individuals by a nominatedgroup assisted by independent experts; and

(e) appoint the most suitable individuals as directors.

(5) The process for selection and appointment of directors of thecorporation may be carried out in conjunction with the process forappointment of members of the establishment committee for thecorporation.173

(6) A shareholder may act under this section to prepare a panel of namesof persons suitably qualified for appointment as directors of the corporation.

˙Terms of appointment not provided for under divs 1–4

747.(1) In relation to matters not provided for under divisions 1 to 4, adirector holds office on the terms of appointment determined by theshareholder.

(2) Except as determined by the shareholder, a director is not entitled toreceive any payment, any interest in property or other valuable considerationor benefit—

(a) by way of remuneration as a director; or

(b) in connection with retirement from office, or other termination ofoffice, as a director.

173 Section 606 (Procedure for appointment of establishment committee) refers.

s 748 471


s 751

˙Appointment of acting director

748. The shareholder may appoint a person to act as a director of a boardduring any period, or all periods, when a director is absent from duty or, foranother reason, cannot perform the functions of the office.

˙Resignation

749.(1) A director, or person appointed under section 735,174 may resignby signed notice given to the shareholder.

(2) The chairperson or deputy chairperson may resign as chairperson ordeputy chairperson and remain a director.

˙Termination of appointment as director

750.(1) The shareholder may, at any time, terminate the appointment ofall or any directors of the board for any reason or none.

(2) A person ceases to be a director of an LGOC if—

(a) when appointed a director, the person was a councillor oremployee of the LGOC’s local government; and

(b) the person ceases to be a councillor or employee.

(3) A person also ceases to be a director of a corporatised corporation ifthe person ceases to be eligible for appointment as a director.

†Division 6—Additional provisions relating to chief executive officers

˙Appointment of chief executive officer

751. A chief executive officer of a corporatised corporation is to beappointed by the corporation’s board.

174 Section 735 (Chairperson and deputy chairperson)

s 752 472


s 756

˙Local government employees cannot be chief executive officers ofcorporatised corporations

752. A person must not be both an employee of a local government andthe chief executive officer of a corporatised corporation.

˙Director may be chief executive officer

753.(1) Nothing in this part prevents a person who is not a councillor oremployee of the local government being both a director and the chiefexecutive officer of a corporatised corporation.

(2) However, a director of a corporatised corporation who is its chiefexecutive officer must abstain from voting at meetings of the corporation’sboard as a director on matters concerning the role, performance oremployment conditions of the chief executive officer.

˙Appointment of acting chief executive officer

754. The board may appoint a person to act as chief executive officer—

(a) during a vacancy in the office; or

(b) during any period, or all periods, when the chief executive officeris absent from duty or, for another reason, cannot perform thefunctions of the office.

˙Terms of appointment not provided for under divs 1–4

755. The chief executive officer of a corporatised corporation holds officeon the terms not provided for under divisions 1 to 4 as are decided by theboard of the corporation.

˙Resignation

756. The chief executive officer of a corporatised corporation may resignby signed notice given to the chairperson of the corporation’s board.

s 757 473


s 759

˙Termination of appointment

757.(1) A corporatised corporation’s board may, at any time, terminatethe appointment of the chief executive officer of the corporation for anyreason or none.

(2) The termination of the appointment of the chief executive officerunder subsection (1) does not affect any rights to compensation to whichthe chief executive officer may be entitled under the terms of the chiefexecutive officer’s appointment.

†CHAPTER 9—CONDUCT OF COMPETITIVEBUSINESS ACTIVITIES


˙Object of ch 9

758. The object of this chapter is to provide for—

(a) the application of competitive neutrality principles to certain roadsbusiness activities of local governments; and

(b) the identification of business activities of local governments towhich competitive neutrality principles may apply; and

(c) the application by local governments of competitive neutralityprinciples to those business activities.

˙Competitive neutrality principles

759. “Competitive neutrality principles” include—


(b) wherever possible and appropriate, advantages and disadvantages

s 760 474


s 761

that arise because a business activity or roads business activity ispart of a local government be removed.






“business activity” see section 762.

“code of competitive conduct”, for a local government, means a code inforce for this chapter under—

(a) if the Local Government Finance Standards apply to the localgovernment—the standards; or

(b) for Brisbane City Council—a regulation under the City ofBrisbane Act 1924, section 127.

“roads business activity”, of a local government, means—

(a) the construction or maintenance of State-controlled roads forwhich the local government submits an offer to carry out work inresponse to a tender invitation other than through a sole supplierarrangement; or

(b) submission of a competitive tender for construction or roadmaintenance works—

(i) on roads of the local government which the localgovernment has put out to competitive tender; or

(ii) called for by another local government;

but does not include an activity, or part of an activity, prescribed undera regulation.

s 762 475


s 763

˙Meaning of “business activity”

762.(1) A “business activity”, of a local government, is—

(a) trading in goods and services to clients such as off-street parkingand cultural, sporting and recreational facilities and quarries if, incarrying on the activity, the local government engages incompetition with the private sector; or

(b) submission of a competitive tender in the local government’sown tendering process in competition with others for theprovision of goods and services to itself.

(2) However, the following activities of a local government are notbusiness activities—

(a) a significant business activity under chapter 8175 if the localgovernment has resolved to implement reforms under the chapterfor the activity; or

(b) a roads business activity; or

(c) library services; or

(d) an activity, or part of an activity, prescribed under a regulation.

†PART 3—CODE OF COMPETITIVE CONDUCT

˙Code must be applied to roads business activities

763.(1) A local government must apply the code of competitive conductin carrying on its roads business activities.

(2) Subsection (1) applies—

(a) for an activity mentioned in the definition “roads businessactivity”, paragraph (a)—to offers submitted on or after 1 January1998; and

(b) for an activity mentioned in the definition “roads business

175 Chapter 8 (National competition reform of significant business activities)

s 764 476


s 766

activity”, paragraph (b)—to tenders submitted on or after 1 July1998.

˙When code must be applied to other business activities

764. If, under part 4, a local government resolves the code of competitiveconduct is to apply to a business activity of the local government, the localgovernment must apply the code in carrying on the business activity.

†PART 4—ANNUAL REVIEW OF BUSINESSACTIVITIES

˙Annual review of business activities

765. During each financial year (the “relevant year”) starting with the1997–1998 financial year, a local government must identify its activities thatare business activities.

˙Local government to resolve whether to apply code of competitiveconduct to business activities

766.(1) During each financial year starting with the 1997–1998 financialyear, each local government must resolve whether the code of competitiveconduct should or should not be applied to each of its business activities forthe following financial year.

(2) A local government may resolve under subsection (1) that theresolution is to take effect on a stated day earlier than the following financialyear.

(3) A local government may, at any time, resolve the code should nolonger apply to a business activity.

(4) A resolution under subsection (1) or (3) to not apply, or to no longerapply, the code to a business activity must include a statement of thereasons for not applying, or for no longer applying, the code to the businessactivity.

s 767 477


s 769

˙Application of code of competitive conduct to other activities

767. Nothing in this chapter prevents a local government from applyingthe code of competitive conduct to another activity carried on by the localgovernment.

˙Information to be included in annual report

768.(1) A local government’s annual report must contain a list of itsactivities that were business activities during the financial year and astatement whether the code of competitive conduct was applied to each ofthe activities and, if not, the reason it was not applied.

(2) Subsection (1) first applies to the annual report for the 1998–1999financial year.

(3) The annual report for the 1997–1998 financial year must also containa list of its business activities under this chapter and a statement whether thelocal government intends to apply the code of competitive conduct for the1998–1999 financial year to each of the activities and, if not, the reason it isintended not to be applied.

(4) Subsections (2) and (3) and this subsection expire on 1 July 2000.

†CHAPTER 10—REFORM OF CERTAIN WATERAND SEWERAGE SERVICES


˙Object of ch 10

769. The object of this chapter is, in relation to relevant business activitiesthat provide water and sewerage services, to achieve efficiency andsustainability in the use of water by—

(a) requiring an assessment by local governments of the

s 770 478


s 771

cost-effectiveness of introducing two-part tariffs for waterservices; and

(b) requiring decisions by local governments whether two-part tariffsare to be applied for water services; and

(c) if two-part tariffs are to be applied for water services—requiringimplementation of the tariffs in accordance with the decision; and

(d) requiring charges for water services to be based on consumption;and

(e) requiring full cost recovery for water and sewerage services; and

(f) requiring identification and disclosure of cross-subsidies andcommunity service obligations in the provision of water andsewerage services; and

(g) requiring disclosure of a class of consumers who are providedwith water and sewerage services at an amount below full costand the amount.



˙Meaning of relevant business activity


“relevant business activity” means—

(a) a significant business activity providing water or sewerageservices; or

(b) an activity of a corporatised corporation providing water orsewerage services that was a significant business activity.

s 772 479


s 773




“consumer”, of a service, means the person who is levied a utility chargefor the service, whether an owner or the person at whose request theservice is supplied.

“corporatised corporation” means a corporatised corporationunder chapter 8.176

“new type 1 or 2 business activity” means a new type 1 or 2 businessactivity under chapter 8.

“two-part tariff” means a basis for a utility charge for water servicesconsisting of access and consumption components with the objectiveof achieving efficiency and sustainability in the use of water.

“two-part tariff report” see section 773.

“type 1 or 2 business activity” means a type 1 or 2 business activity underchapter 8.

†PART 3—ASSESSMENT OF COST EFFECTIVENESSOF TWO–PART TARIFFS FOR WATER SUPPLY

˙Assessment of cost effectiveness of two-part tariffs to be carried out

773.(1) A local government must ensure an assessment of the costeffectiveness of the application of a two-part tariff for a relevant businessactivity providing water services is carried out and a report (a “two-parttariff report”) prepared.

(2) A two-part tariff report must include—

(a) a finding whether it is cost effective for the application of a

176 Chapter 8 (National competition reform of significant business activities)

s 774 480


s 775

two-part tariff for the service to an extent stated in the report; and

(b) if the finding is that it is cost effective for application of a two-parttariff—

(i) a recommendation for application of a two-part tariff for theservice to the extent stated in the report; and

(ii) if necessary, proposed strategies (including a timetable) thatmay be followed to apply a two-part tariff.

Example to subsection (2)—

A two-part tariff report could—

(a) find that it is cost effective for a two-part tariff to be applied to part onlyof the local government’s area and, in that part, only for statedconsumers; and

(b) recommend a two-part tariff apply to the stated consumers in the part.

˙Local government to resolve on assessment and report process

774. Subject to compliance with this chapter, the local government mustdecide—

(a) how the assessment is to be conducted; and

(b) the matters the report must deal with; and

(c) when the report is to be presented to the local government.

Example for paragraph (a)—

The local government may decide the assessment is to include a publicconsultation process and be carried out by the local government or by externalconsultants or in cooperation with other local governments carrying out similarassessments or in conjunction with public benefit assessments under chapter 8.

˙Timing for assessments and reports

775.(1) The two-part tariff report must be completed in enough time toallow the local government to comply with sections 780, 781 and 784.

(2) The report must be presented to a meeting of the local government assoon as practicable after the report is completed.

s 776 481


s 779

˙Fresh assessment within 3 years if recommendation on two-parttariffs not implemented


(a) a two-part tariff report recommends the application of a two-parttariff to any extent for a relevant business activity; and

(b) the local government resolves that a two-part tariff not apply forthe activity to the extent recommended.

(2) The local government must ensure a fresh assessment is carried outand a fresh two-part tariff report prepared for the activity within 3 yearsafter the end of the financial year in which the report was presented to thelocal government.

(3) Section 773 applies to the assessment and report as if the activity, tothe extent that a two-part tariff has, contrary to the report mentioned insubsection (1), not been applied, were the relevant business activity.

˙Regulation about assessments and reports

777. A regulation may prescribe requirements for assessments andreports under this part including different requirements for different classesof assessments and reports.

†PART 4—DECISION ON TWO–PART TARIFFREPORTS

˙Object of pt 4

778. The object of this part is to require local governments to considertwo-part tariff reports and decide the application or otherwise of two-parttariffs for relevant business activities that provide a water service.

˙Public access to two-part tariff reports

779. From presentation of the two-part tariff report for a relevant

s 780 482


s 781

business activity to a meeting of a local government until the localgovernment decides whether to apply a two-part tariff for the activity, thereport must be open to inspection.

˙Local government to resolve whether to apply two-part tariff

780.(1) As soon as practicable, and within 3 months after presentation ofa two-part tariff report for a relevant business activity to a meeting of a localgovernment, the local government must resolve whether a two-part tariffshould be applied, and the extent of the application, for the activity.

(2) A resolution to apply a two-part tariff must—

(a) state the extent of application; and

(b) if necessary, approve strategies (including a timetable) for itsapplication under section 785.

(3) A resolution under subsection (1) inconsistent with therecommendation in the report must include a statement of the reasons forthe inconsistency.

(4) Subsection (2)(b) does not prevent a local government changing itsstrategies for the application of a two-part tariff so long as a two-part tariffis applied under the resolution under subsection (2)(a).

˙Timing for resolution

781. The local government must make a resolution under section 780—

(a) for a relevant business activity that is or was a type 1 or 2business activity—

(i) by 31 December 1998; or

(ii) a day (not later than 31 March 1999) approved by theMinister; or

(b) for a relevant business activity that is or was a new type 1 or 2business activity—

(i) by 31 December after the financial year for which theactivity is first identified by the local government as a newtype 1 or 2 business activity; or

s 782 483


s 783

(ii) a day (not later than the following 31 March) approved bythe Minister.

˙Notice to Minister of resolution

782. As soon as practicable after making a resolution that a two-parttariff apply or not apply for a relevant business activity, the localgovernment must give to the Minister—

(a) a copy of the two-part tariff report for the activity; and

(b) a copy of the resolution.

†PART 5—IMPLEMENTATION OF CERTAINCHARGING ARRANGEMENTS AND REPORTING

PROCEDURES

˙Local governments to implement charging and operationalarrangements for relevant business activities

783. A local government must ensure that, for a relevant businessactivity—

(a) if it has resolved that a two-part tariff is to be applied for theactivity—a two-part tariff is applied; and

(b) consumption is the basis for utility charges for water services;and

(c) full cost recovery is applied for water and sewerage services; and

(d) cross-subsidies between classes of consumers and communityservice obligations in the provision of water and sewerageservices are identified and disclosed; and

(e) the classes of consumers who are provided with water andsewerage services at an amount below full cost and the amountare disclosed.

s 784 484


s 786

˙Start of work to apply two-part tariffs

784. If a local government approves strategies for application of atwo-part tariff for a relevant business activity, the local government mustensure work is started to apply a two-part tariff under a resolution madeunder section 780 on or before the day stated in section 781 before whichthe resolution must be made.

˙Timetable for implementing arrangements

785.(1) This section applies to a local government required to act undersection 783.

(2) Implementation must be completed on or before—

(a) for a relevant business activity that is or was a type 1 or 2business activity—1 July 2000; or

(b) for a relevant business activity that is or was a new type 1 or 2business activity—1 July of the year that is 2 years after the endof the financial year for which the activity was identified as beinga new type 1 or 2 business activity.

(3) For a particular relevant business activity, the Minister may extendthe time for implementation subject to the terms the Minister considersappropriate.

˙Strategies for applying s 783(b) to (e)

786. A local government must approve and start implementing strategiesfor the application to its relevant business activities of the matters stated insection 783(b) to (e) by—

(a) for a relevant business activity that is or was a type 1 or 2business activity—31 December 1998; or

(b) for a relevant business activity that is or was a new type 1 or 2business activity—31 December after the financial year for whichthe activity is first identified by the local government as a newtype 1 or 2 business activity.

s 787 485


s 788

†CHAPTER 11—COMPLAINTS ABOUTCOMPETITIVE NEUTRALITY

†PART 1—PRELIMINARY

˙Object of ch 11

787. The object of this chapter is to provide for—

(a) the establishment by local governments of appropriate processesfor dealing with complaints about the carrying on by localgovernment business entities of activities in a way that does notcomply with the competitive neutrality principles applying to theactivities; and

(b) decisions by local governments on recommendations by refereesunder the complaint processes; and

(c) references to the Queensland Competition Authority about theoutcomes of certain complaints; and

(d) investigations and recommendations by the authority onreferences to it; and

(e) decisions by local governments on recommendations by theauthority in relation to references; and

(f) accreditation by the authority of activities carried on by localgovernment business entities applying competitive neutralityprinciples.

˙Application of ch 11

788. Subject to sections 791, 821 and 832 and part 2, division 6, thischapter applies in relation to an activity carried on by a local governmentbusiness entity if it—

s 789 486


s 790

(a) is a corporatised corporation;177 or

(b) implements—

(i) full cost pricing under chapter 8, part 5; or

(ii) commercialisation under chapter 8, part 6; or

(iii) the code of competitive conduct under chapter 9.178





“affected person” see section 792.

“applicant” means—

(a) for parts 2 and 3—an affected person who makes a complaintunder a local government’s complaint process; and

(b) for part 4—a local government business entity that makesapplication for accreditation under the part for an activity carriedon by the entity.

“competitive advantage” means an advantage that, solely because of localgovernment ownership, is—

(a) a financial advantage; or

(b) a regulatory advantage; or

(c) a procedural advantage; or

(d) another advantage.

177 “Corporatised corporation” is defined in section 790 (Definitions for ch 11).

178 Chapter 8 (National competition reform of significant business activities), part 5(Full cost pricing for significant business activities) or part 6(Commercialisation of significant business activities), or chapter 9 (Conduct ofcompetitive business activities)

s 790 487


s 790

Example of financial advantage—

An advantage enjoyed by a local government business entity carrying on anactivity because of the entity being exempt from a local government charge thatapplies to a person making a complaint.

Example of regulatory advantage—

An advantage enjoyed by a local government business entity carrying on anactivity because of the entity being exempt from an approval procedure that appliesto a person making a complaint.

Example of procedural advantage—

An advantage enjoyed by a local government business entity carrying on anactivity because of the entity not being obliged to supply the same level ofinformation in local government procedures as a person making a complaint.

“competitive neutrality principles” means—

(a) for an activity of a local government business entity to which fullcost pricing under chapter 8, part 5 applies—the principles andrequirements (other than reporting requirements) of full costpricing under the part; or

(b) for an activity of a commercial business unit under chapter 8,part 6—the following principles and requirements under part 6—

(i) the principles and requirements of full cost pricing (otherthan reporting requirements);

(ii) the requirements for treatment of community serviceobligations;

(iii) the requirements for removal, or taking account, ofadvantages and disadvantages accruing to a commercialbusiness unit because it is a part of the local government; or

(c) for an activity of a corporatised corporation—the followingprinciples and requirements of corporatisation under chapter 8,part 7—

(i) the requirements for treatment of community serviceobligations;

(ii) the requirements for the removal of advantages anddisadvantages accruing to the corporatised corporation as aresult of local government ownership; or

s 790 488


s 790

(d) for an activity of a local government business entity to which thecode of competitive conduct under chapter 9 applies or is requiredto be applied—the requirements (other than reportingrequirements) of the code.179

“complaint” means a complaint under a complaint process.

“complaint process”, for an activity of a local government business entity,means the complaint process established by the local government fordealing with complaints about the failure of the entity to carry on theactivity in compliance with competitive neutrality principles applyingto the activity.

“corporatised corporation” means a corporatised corporation underchapter 8, part 7.180

“investigation notice” means—

(a) for part 2—a notice given under section 800;

(b) for part 3—a notice given under section 800 as applied to the partby section 827;

(c) for part 4—a notice given under section 835.

“local government business entity” means—

(a) a local government to the extent it carries on an activity to whichthis chapter applies, including a commercial business unit of alocal government; or

(b) a corporatised corporation.

“Queensland Competition Authority” means the QueenslandCompetition Authority under the Queensland Competition AuthorityAct 1997.

179 Chapter 8 (National competition reform of significant business activities), part 5(Full cost pricing for significant business activities) or part 6(Commercialisation of significant business activities) or part 7 (Localgovernment owned corporations) or chapter 9 (Conduct of competitive businessactivities). The Local Government Finance Standard 1994 deals with theapplication of competitive neutrality principles and contains the code ofcompetitive conduct for local governments to which the standard applies.

180 Chapter 8 (National competition reform of significant business activities), part 7(Local government owned corporations)

s 791 489


s 792

“referee” means a person appointed by a local government to investigate acomplaint.

“reference” means a reference to the Queensland Competition Authorityunder part 3.

†PART 2—COMPLAINT PROCESS FOR LOCALGOVERNMENT BUSINESS ENTITIES



791. This part does not apply to an activity carried on by a localgovernment business entity to the extent that, and for so long as, there is acurrent accreditation for the activity by the Queensland CompetitionAuthority granted to the entity under part 4.

˙Affected persons

792.(1) In this part, an “affected person” is a person who—

(a) is, or may be, adversely affected by the competitive advantagealleged by the person to be enjoyed by the local governmentbusiness entity in carrying on an activity; and

(b) in relation to the activity mentioned in paragraph (a)—satisfies acompetition requirement.

(2) For subsection (1), a person satisfies a competition requirement inrelation to an activity carried on by the entity if the person—

(a) competes with the local government business entity in relation tothe activity; or

(b) seeks to compete with the local government business entity inrelation to the activity but is being hindered from doing so by the

s 793 490


s 794

competitive advantage alleged by the person to be enjoyed by theentity.

†Division 2—Complaints about competitive neutrality

˙Local government to establish complaint process

793.(1) Each local government must establish a process for resolvingcomplaints by affected persons about failures of its local governmentbusiness entities to carry on activities in a way that complies with thecompetitive neutrality principles applying to the activities.

(2) The process must be adopted by resolution of the localgovernment.181

˙Requirements for complaint process

794.(1) The complaint process must include the following elements—

(a) the process for selecting and appointing referees to investigatecomplaints;

(b) preliminary procedures before an affected person makes acomplaint—

(i) for affected persons to raise concerns about alleged failuresof local government business entities to comply with thecompetitive neutrality principles applying to the entities’activities; and

(ii) for clarifying and, if possible, resolving the concerns;

(c) the way an affected person may make a complaint;

(d) sending of complaints to, and their investigation by, the referee;

(e) recording of all complaints and the referee’s decisions and

181 Under division 6, a local government may resolve that the QueenslandCompetition Authority be the referee for its complaint process for certainactivities. The division contains provisions about the application of this part,and certain provisions of the Queensland Competition Authority Act 1997, to thecomplaint process.

s 795 491


s 798

recommendations;

(f) advice to the applicant of the complaint procedure;

(g) giving the applicant an opportunity to give to the referee furtherdetails about the applicant’s complaint;

(h) times in which the referee must give reports to the localgovernment;

(i) any other matters the local government considers appropriate.

(2) Also, the process mentioned in subsection (1)(a) must require that theperson appointed to be a referee to investigate a complaint must not beinvolved with the carrying on of the activity the subject of the complaint.

(3) The fee charged by a local government for making a complaint mustnot be more than the maximum fee prescribed under a regulation formaking a complaint.

˙Grounds for complaints

795. The grounds for a complaint must be the failure of a localgovernment business entity to carry on an activity in a way that complieswith the competitive neutrality principles applying to the activity.

˙Effect of complaint on activities

796. A complaint about an activity of a local government business entitydoes not prevent the entity from continuing to carry on the activity pendinga decision by the local government on the referee’s report andrecommendation on the complaint.

˙Referee to act fairly

797. In investigating a complaint and making a report, the referee mustact fairly and impartially.

˙Matters to be considered by referee on complaint

798.(1) In investigating a complaint, the referee must have regard to thefollowing matters—

s 798 492


s 798

(a) the need to ensure compliance with the relevant competitiveneutrality principles;

(b) the need for efficient resource allocation;

(c) the need to promote competition;

(d) any local government policies affecting the application ofcompetitive neutrality principles, including—

(i) any directions about the application of competitive neutralityprinciples given to the local government business entity bythe local government; and

(ii) any arrangements between the local government and thelocal government business entity about a competitiveadvantage gained or competitive disadvantage suffered bythe entity because of the local government ownership of theentity; and

(iii) social welfare and equity considerations includingcommunity service obligations and the availability of goodsand services to consumers; and

(iv) policies on economic and regional development issues,including employment and investment growth;

(e) any law or local government policies relating to ecologicallysustainable development;

(f) any law or local government policies relating to occupationalhealth and safety or industrial relations.

(2) In investigating a complaint, the referee may also have regard to theinterests of consumers or any class of consumers.

(3) However, in deciding whether a complaint has been substantiated, thereferee must not accept that any competitive advantage enjoyed by the localgovernment business entity solely because of local government ownershipof the entity is justified because of the existence of a competitivedisadvantage suffered by the entity because of the local governmentownership of the entity.

(4) Subsections (1) and (2) do not limit the matters the referee may haveregard to in investigating a complaint.

s 799 493


s 799

†Division 3—Investigation of complaints

˙Requirement of referee to investigate

799.(1) The referee must investigate a complaint unless—

(a) the referee reasonably believes the applicant is not, or could notbe, in competition with the local government business entitycarrying on the activity; or

(b) the referee reasonably believes the applicant is not, or is unlikelyto be, adversely affected by the failure alleged in the complaint ofthe local government business entity to carry on the activity in away that complies with the competitive neutrality principlesapplying to the activity; or

(c) the referee reasonably believes the applicant has not shown theapplicant has made a genuine attempt to resolve the subject matterof the complaint through the preliminary procedure of thecomplaint process mentioned in section 794(1)(b);182 or

(d) the applicant has failed, without reasonable excuse, to giverelevant information asked for by the referee within thereasonable time stated by the referee; or

(e) the local government business entity carrying on the activity has acurrent accreditation for the activity granted by the QueenslandCompetition Authority under part 4; or

(f) the referee reasonably believes the complaint is frivolous orvexatious.

(2) In forming a belief for subsection (1)(a), the referee must have regardto the following—

(a) laws governing competition applicable to the activities of the localgovernment business entity;

(b) whether the applicant is supplying, or could supply, goods orservices similar to the goods or services the subject of the activitycarried on by the local government business entity;

182 Section 794 (Requirements for complaint process)

s 800 494


s 801

(c) any other matter the referee considers appropriate.

(3) If the referee decides not to investigate a complaint, the referee must,within 14 days after making the decision, give a written notice stating thedecision and the reasons for the decision to—

(a) the applicant; and

(b) the local government.

˙Investigation notice

800.(1) Before starting an investigation under this division, the refereemust give notice of the investigation.

(2) The notice must be given to—

(a) the relevant local government; and

(b) the applicant; and

(c) if the local government business entity carrying on the activity is acorporatised corporation—the corporation; and

(d) another person the referee considers appropriate.

(3) The notice must—

(a) state the referee’s intention to conduct the investigation; and

(b) state the subject matter of the complaint or be accompanied by acopy of the complaint; and

(c) invite the person to whom the notice is given to make written, or,if the referee approves, oral, submissions to the referee on thesubject matter within a reasonable time stated in the notice; and

(d) state the referee’s address.

˙Effect of giving an investigation notice

801. The referee must conduct the investigation and give a report underdivision 4 on the results of the investigation.

s 802 495


s 804

˙General procedures

802.(1) In an investigation, the referee—

(a) must act with as little formality as possible; and

(b) is not bound by technicalities, legal forms or rules of evidence;and

(c) may be informed on any matter relevant to the investigation inany way the referee considers appropriate; and

(d) must comply with natural justice.

(2) For subsection (1)(c), the referee may consult with persons as thereferee considers appropriate.

(3) The referee may—

(a) require information or submissions to be presented in writing;and

(b) decide the matters on which information or submissions may bepresented orally.

˙Consideration of submissions

803.(1) In an investigation, the referee must consider all submissionsthat—

(a) are made in response to an investigation notice; and

(b) are received by the referee in the time stated in the notice.

(2) Despite subsection (1), unless the referee, in an investigation notice,approved the making of oral submissions, the referee is required to considera submission only if it is in writing.

˙Handling of documents

804.(1) If a document is produced to the referee for an investigation, thereferee may—

(a) inspect the document; and

(b) make copies of the document if it is relevant to the investigation.

s 805 496


s 806

(2) Also, the referee may take possession of the document, and keep itwhile it is necessary for the investigation.

(3) While keeping a document, the referee must allow a person otherwiseentitled to possession of it to inspect or copy the document at a reasonabletime and place the referee decides.

˙Confidential information

805.(1) This section applies if a person believes—

(a) stated information made available, or to be made available, in aninvestigation is confidential; and

(b) the disclosure of the information is likely to damage the person’scommercial activities.

(2) The person may—

(a) inform the referee of the person’s belief; and

(b) ask the referee not to disclose the information to another person.

(3) The referee must take all reasonable steps to ensure the information isnot, without the person’s consent, disclosed to another person other than aperson assisting the referee in carrying out the referee’s duties who receivesthe information in the course of carrying out the duties.

(4) As soon as practicable after giving a report under division 4 on theinvestigation, the referee must return any document containing confidentialinformation to the person who produced it to the referee.


“commercial activities” means activities conducted on a commercial basis.

†Division 4—Reports on complaints

˙Giving of reports

806.(1) The referee must give a report (including recommendations) onthe results of the referee’s investigation of a complaint about an activity of alocal government business entity to—

s 807 497


s 807

(a) the local government; and

(b) if the entity is a corporatised corporation—the corporation.

(2) The referee also must give to other persons to whom an investigationnotice has been given the following—

(a) written notice of the giving of the report;

(b) a copy of the recommendations in the report;

(c) written notice that the report (including recommendations) is opento inspection at the local government’s public office.183

˙Contents of reports

807. The referee must, in a report—

(a) state whether the referee considers the complaint has beensubstantiated; and

(b) if the referee considers the complaint has beensubstantiated—include recommendations on how the localgovernment business entity’s failure to carry on an activity in away that complies with the competitive neutrality principlesapplying to the activity could be overcome; and

(c) if the referee considers the local government business entitysuffers a competitive disadvantage because of the localgovernment ownership of the entity—

(i) include comments about the competitive disadvantage(including comments about the effect of the disadvantage onthe local government business entity); and

(ii) include recommendations on how the disadvantage sufferedby the local government business entity could be overcome;and

(d) state reasons for its recommendations.

183 Section 7 (Meaning of “open to inspection”)

s 808 498


s 810

˙Reports open to inspection

808.(1) As soon as practicable after the local government receives thereport, the local government must ensure a copy of it is open to inspection.

(2) For section 7, the report is a document of the local government.184

˙Local government decisions on recommendations

809.(1) The local government must decide, by resolution, whether toimplement the recommendations in the report.

(2) The resolution must include reasons for the decision.

(3) The local government must make the resolution—

(a) within 1 month after the local government receives the reportfrom the referee on a complaint; or

(b) if the local government does not meet within the month—at thefirst meeting of the local government after the month.

(4) Within 7 days after making a decision, the local government mustgive written notice of the resolution to—


(b) if the local government business entity concerned is acorporatised corporation—the corporation.

(5) If the decision is to implement the recommendations and the localgovernment business entity concerned is a corporatised corporation, thecorporation must implement the recommendations as soon as practicable.

†Division 5—General provisions about complaints process

˙Disposal of documents held by referee

810.(1) As soon as practicable after giving a report on a complaint, thereferee must give to the chief executive officer of the local government anydocument not returned to a person under section 805.


s 811 499


s 813

(2) While the documents are kept by the chief executive officer, they areto be treated as the local government’s documents.

˙Protection from liability of referee or person assisting referee

811.(1) The referee, or person assisting the referee, is not civilly liable foran act done, or omission made, honestly and without negligence under thispart.

(2) If subsection (1) prevents a civil liability attaching to the referee orother person, the liability attaches instead to the relevant local government.

(3) The protection from liability under this section applies only to areferee, or a person assisting the referee, who is an employee of the relevantlocal government.

˙Protection from liability of person giving information to referee

812. A person is not liable in any way for any loss, damage or injurysuffered by another person because of the giving in good faith ofinformation to the referee for this part.

˙Secrecy

813.(1) A person to whom this section applies must not—

(a) make a record of protected information; or

(b) whether directly or indirectly, divulge or communicate to a personprotected information about another person or a local governmentbusiness entity.

Maximum penalty—1 000 penalty units or 1 year’s imprisonment.

(2) However, subsection (1) does not apply if—

(a) the record is made, or the information is divulged orcommunicated—

(i) under this part; or

(ii) in the performance of duties, as a person to whom thissection applies, under this part; or

s 814 500


s 815

(iii) with the consent of the person or entity to whom theprotected information relates; or

(b) the protected information is otherwise publicly available.


“person to whom this section applies” means a person who is, or hasbeen, a referee or a person assisting a referee.

“protected information” means information that—

(a) is about a person or local government business entity; and

(b) is disclosed to, or obtained by, a person to whom this sectionapplies in the course of, or because of, the person’s duties underthis part.

˙Draft reports

814. In preparing a report under this Act, the referee may give a draft ofthe report to the persons the referee considers appropriate.

†Division 6—Provisions for Queensland Competition Authority asreferee

˙Local government may resolve Queensland Competition Authority tobe referee

815.(1) A local government may resolve the Queensland CompetitionAuthority is the referee for its complaint process for—

(a) a significant business activity, under chapter 8, carried on by alocal government business entity; or

(b) a roads business activity under chapter 9.

(2) As soon as practicable after making the resolution, the localgovernment must give written notice of the resolution to the authority.

(3) If the local government becomes aware a person proposes to make acomplaint about the activity, the local government must—

(a) tell the person the complaint must be made to the authority; and

s 816 501


s 818

(b) give the person information to enable the person to make thecomplaint.

˙Application of complaints process

816. Section 794(1)(a), (c), (d), (f), (g), (h), and (i), (2) and (3) does notapply to the complaint process for the activity.

˙Making a complaint

817. A complaint must—

(a) be made in writing to the Queensland Competition Authority; and

(b) contain details of the alleged noncompliance by the localgovernment business entity to carry on the activity in a way thatcomplies with the competitive neutrality principles applying to theactivity; and

(c) include sufficient details to show—

(i) how the applicant is, or may be, adversely affected by thealleged noncompliance; and

(ii) the applicant is, or could be, in competition with the localgovernment business entity carrying on the activity; and

(iii) the applicant has made a genuine attempt to resolve thesubject matter of the complaint through the preliminaryprocedure of the complaint process mentioned insection 794(1)(b).185

˙Further information to support complaint

818.(1) The Queensland Competition Authority may, by written noticegiven to an applicant, require the applicant to give the authority furtherinformation about the complaint within the reasonable time stated in thenotice.

(2) A notice under subsection (1) must relate to information that is

185 Section 794 (Requirements for complaint process)

s 819 502


s 819

necessary and reasonable to help the authority decide whether or not toinvestigate the complaint.

˙Application of part and Queensland Competition Authority Act 1997

819.(1) Sections 802, 803, 804, 805, 810, 811, 812, 813 and 814 do notapply to a complaint made in relation to the activity.186

(2) Also, the following provisions of the Queensland CompetitionAuthority Act 1997 (the “provisions”) apply, with all necessary changesand the changes prescribed in subsection (3), to a complaint made inrelation to the activity—

• part 6 (Investigations by authority)

• part 9 (Offences)

• section 236 (Responsibility for acts or omissions ofrepresentatives)

• section 237 (Protection from liability of member or employee)

• section 238 (Protection from liability of person givinginformation to authority)

• section 239 (Confidential information)

• section 240 (Secrecy)

• section 241 (Draft reports)

• section 243 (Delegation).

(3) Unless a contrary intention appears, the provisions apply as if areference in the provisions to—

(a) a complaint were a reference to a complaint under this part; and

(b) the complainant were a reference to the affected person who madethe complaint under this part; and

(c) a government agency were a reference to the local governmentbusiness entity mentioned in the complaint; and

186 Under section 816, certain provisions in section 794 do not apply if theQueensland Competition Authority is a referee.

s 820 503


s 821

(d) an investigation were a reference to an investigation under thispart; and

(e) the responsible Minister, or the Ministers, were a reference to therelevant local government.

˙Local government decisions on recommendations

820. Within 7 days after making a resolution under section 809,187 thelocal government must give written notice to the Queensland CompetitionAuthority of the resolution.

†PART 3—REFERENCES TO QUEENSLANDCOMPETITION AUTHORITY

†Division 1—Application of part


821.(1) This part applies to—

(a) a significant business activity, under chapter 8, carried on by alocal government business entity; and

(b) a roads business activity, under chapter 9.

(2) However, this part does not apply to—

(a) a local government business entity applying the code ofcompetitive conduct to a business activity under chapter 9; or

(b) an activity carried on by a local government business entity forwhich there is a current accreditation by the QueenslandCompetition Authority under part 4; or

187 Under section 809 the local government is required to give written notice of theresolution to the applicant and, if the local government business entityconcerned is a corporatised corporation, the corporation.

s 822 504


s 823

(c) an activity carried on by a local government business entity if theauthority is the referee for a complaint for the activity.

†Division 2—Institution of reference

˙Reference of outcome of complaint to Queensland CompetitionAuthority

822.(1) An applicant may, under this part, refer to the QueenslandCompetition Authority—

(a) a referee’s decision not to investigate a complaint by the applicant;or

(b) a local government’s decision on a recommendation by a refereein a report on a complaint by the applicant.

(2) The reference must be on 1 or more of the following grounds—

(a) the complaint process for an activity of the local governmentbusiness entity is not appropriate;

(b) the referee’s decision not to investigate a complaint is not inaccordance with the relevant facts;

(c) the referee’s recommendation—

(i) is not in accordance with the relevant facts or the competitiveneutrality principles; or

(ii) is deficient because the local government business entity didnot give the referee relevant information about an activityrequested by the referee;

(d) the decision of the local government on the referee'srecommendation is not in accordance with the competitiveneutrality principles.

˙Making a reference

823.(1) A reference must—

(a) be in writing; and

s 824 505


s 826

(b) contain details of the complaint; and

(c) if the reference alleges the complaint process for an activity of thelocal government business entity is inappropriate—the reasonswhy the process is inappropriate.

(2) Also, a reference must include sufficient details to show—

(a) how the applicant is, or may be, adversely affected by—

(i) the alleged failure to comply with the competitive neutralityprinciples; or

(ii) the alleged inappropriateness of the process; and

(b) the applicant and local government business entity are, or couldbe, in competition.

˙Request for referee’s documents

824.(1) This section applies if the Queensland Competition Authority, bywritten notice given to the chief executive officer of a local government,asks for the documents received by the chief executive officer from thereferee under section 810 concerning the complaint referred to the authority.

(2) As soon as practicable after receiving the request, the chief executiveofficer must give the documents held under the section to the authority.

˙Further information to support reference

825.(1) The Queensland Competition Authority may, by written noticegiven to an applicant, require the applicant to give the authority furtherinformation about the reference within the reasonable time stated in thenotice.

(2) A notice under subsection (1) must relate to information that isnecessary and reasonable to help the authority decide whether or not to dealwith the reference.

˙Matters to be considered by Queensland Competition Authority inconsidering reference

826.(1) In considering a reference on a ground mentioned in

s 827 506


s 827

section 822(2)(b), (c) or (d), the Queensland Competition Authority—

(a) must have regard to the matters stated in section 798(1)and (3);188 and

(b) may have regard to the interests of consumers or any class ofconsumers.

(2) Subsection (1) does not limit the matters the authority may haveregard to in considering a reference.

˙Procedures for dealing with references

827.(1) Sections 796, 797, 799, 800 and 801 apply, with all necessarychanges, to the Queensland Competition Authority considering a referenceas if a reference in the sections to—

(a) a complaint were a reference to a reference under this part; and

(b) the referee were a reference to the Queensland CompetitionAuthority.

(2) Also, the following provisions of the Queensland CompetitionAuthority Act 1997 (the “provisions”) apply, with all necessary changesand the changes prescribed in subsection (3), to the consideration of areference by the authority—









188 Section 798 (Matters to be considered by referee on complaint)

s 828 507


s 829



(a) a complaint were a reference to the reference; and

(b) the complainant were a reference to the applicant who made thereference; and

(c) a government agency were a reference to the local governmentbusiness entity mentioned in the reference; and

(d) an investigation were a reference to an investigation under thispart; and

(e) the responsible Minister, or the Ministers, were a reference to therelevant local government.

†Division 3—Reports of Queensland Competition Authority aboutreferences

˙Giving of reports

828.(1) If the Queensland Competition Authority gives an investigationnotice to anyone, it must give a report on its consideration of a referenceabout an activity of a local government business entity to—



(2) The authority also must give to other persons to whom the authorityhas given an investigation notice the following—

(a) written notice of the giving of the report;

(b) a copy of the recommendations in the report;

(c) written notice that the report (including recommendations) is opento inspection at the local government’s public office.

˙Contents of reports

829. The Queensland Competition Authority must, in a report—

s 830 508


s 831

(a) if the reference alleges the complaint process for an activity of thelocal government business entity is not appropriate—comment onthe appropriateness of the process; and

(b) state whether it considers any relevant allegation has beensubstantiated; and

(c) if the authority considers the reference has beensubstantiated—include its recommendations on how the localgovernment business entity’s failure to carry on an activity in away that complies with the competitive neutrality principlesapplying to the activities could be overcome; and

(d) if the authority considers the local government business entitysuffers a competitive disadvantage because of the localgovernment ownership of the entity—

(i) include comments about the competitive disadvantage(including comments about the effect of the disadvantage onthe local government business entity); and

(ii) include recommendations on how the disadvantage sufferedby the local government business entity could be overcome;and

(e) state its reasons for its recommendations.

˙Reports open to inspection

830.(1) As soon as practicable after the local government receives thereport, the local government must ensure a copy of it is open to inspection.

(2) For section 7,189 the report is a document of the local government.

˙Local government decisions about reports

831.(1) The local government must decide, by resolution, whether toimplement the recommendations in the report.

(2) The resolution must include reasons for the decision.


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(3) The local government must make the resolution—

(a) within 1 month after the local government receives the reportfrom the Queensland Competition Authority on a reference; and

(b) if the local government does not meet within the month—at thefirst meeting of the local government after the month.

(4) Within 7 days after making a decision, the local government mustgive written notice of the resolution to—


(b) if the local government business entity concerned is acorporatised corporation—the corporation; and

(c) the Queensland Competition Authority.

(5) If the decision is to implement the recommendations and the localgovernment business entity concerned is a corporatised corporation, thecorporation must implement the recommendations as soon as practicable.

†PART 4—ACCREDITATION


832. This part applies to—

(a) a significant business activity, under chapter 8, carried on by alocal government business entity; and

(b) a business activity, or roads business activity, under chapter 9.

˙Purpose of accreditation

833. The purpose of accreditation under this part is to remove doubt for alocal government business entity carrying on an activity about whether itcarries on the activity in accordance with the relevant principles ofcompetitive neutrality.

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˙Application for accreditation

834.(1) A local government business entity carrying on an activity mayapply to the Queensland Competition Authority for an accreditation of theactivity for the entity.

(2) An application must be made in the form approved by the authority.

(3) The authority may investigate an application to decide whether toaccredit the applicant.

˙Investigation notice

835.(1) Before starting an investigation under this part, the QueenslandCompetition Authority must give reasonable notice of the investigation to—


(b) if the applicant is a corporatised corporation—the localgovernment: and

(c) any other person the authority considers appropriate.


(a) state the authority’s intention to conduct the investigation; and

(b) invite the person to whom the notice is given to make written, or,if the authority approves, oral, submissions to the authority withina reasonable time stated in the notice; and

(c) state the authority’s address.

˙Matters to be considered by authority for investigation

836.(1) In conducting an investigation under this part, the QueenslandCompetition Authority must have regard to the following matters—

(a) the need to ensure compliance with the relevant competitiveneutrality principles;

(b) the need for efficient resource allocation;

(c) the need to promote competition;

(d) any local government policies affecting the application ofcompetitive neutrality principles, including—

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(i) any directions about the application of competitive neutralityprinciples given to the local government business entity bythe local government; and

(ii) any arrangements between the local government and thelocal government business entity about a competitiveadvantage gained or competitive disadvantage suffered bythe entity because of the local government ownership of theentity; and

(iii) social welfare and equity considerations includingcommunity service obligations and the availability of goodsand services to consumers; and

(iv) policies on economic and regional development issues,including employment and investment growth;

(e) any law or local government policies relating to ecologicallysustainable development;

(f) any law or local government policies relating to occupationalhealth and safety or industrial relations.

(2) In conducting an investigation, the authority may also have regard tothe interests of consumers or any class of consumers.

(3) However, in deciding whether an activity carried on by the localgovernment business entity be accredited, the authority must not accept thatany competitive advantage enjoyed by the entity solely because of localgovernment ownership of the entity is justified because of the existence of acompetitive disadvantage suffered by the entity because of the localgovernment ownership of the entity.

(4) Subsections (1) and (2) do not limit the matters the authority mayhave regard to in conducting an investigation.

˙Procedures for investigations

837.(1) The following provisions of the Queensland CompetitionAuthority Act 1997 (the “provisions”) apply, with all necessary changesand the changes prescribed in subsection (2), to an investigation under thispart—


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(a) a government agency were a reference to the local governmentbusiness entity mentioned in the application; and

(b) an investigation were a reference to an investigation under thispart; and

(c) the responsible Minister or the Ministers were a reference to therelevant local government.

˙Decision on application

838.(1) The Queensland Competition Authority must consider anapplication for accreditation received by it and either grant, or refuse togrant, the accreditation.

(2) In considering an application, the authority must have regard to therelevant competitive neutrality principles applying to the activity and—

(a) if the authority is satisfied the applicant carries on the activity inaccord with the principles—the authority must grant theaccreditation; or

(b) if the authority is not satisfied the applicant carries on the activityin accord with the principles—the authority must refuse to grantthe accreditation.

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(3) Also, the authority may refuse to grant the accreditation if—

(a) under an investigation notice the authority has sought furtherinformation about the application; and

(b) the applicant has failed, without reasonable excuse, to give theinformation to the authority within the time stated in the relevantnotice.

˙Conditions on grant of accreditation

839.(1) If the Queensland Competition Authority decides to grant anaccreditation, the grant is subject to the following conditions—

(a) a condition that the local government business entity mustcontinue to comply with the relevant competitive neutralityprinciples;

(b) a condition that the local government business entity must informthe authority of any change in the entity’s structure or operationsthat may affect the entity’s continued compliance with the relevantcompetitive neutrality principles.

(2) The authority may impose any other conditions it considers arenecessary and reasonable for ensuring compliance with the accreditation.

(3) Without limiting subsection (2), a condition may relate torequirements of the local government business entity to give relevantinformation to the authority that is necessary and reasonable to enable theauthority to decide whether it is appropriate to maintain the accreditation.

(4) For a condition mentioned in subsection (3), the information may berequired to be given to the authority either—

(a) from time to time, at reasonable intervals; or

(b) at stated reasonable times.

˙Notice of decision

840.(1) If the Queensland Competition Authority decides to grant anaccreditation, the authority must give a written notice to—


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(b) if the applicant is a corporatised corporation—the localgovernment.

(2) The notice must state—

(a) the decision; and

(b) the period of accreditation (not longer than 2 years); and

(c) the conditions of the accreditation; and

(d) for a condition imposed by the authority—the reasons for thecondition.

(3) If the authority decides not to grant the accreditation, the authoritymust give the applicant a written notice stating the decision and the reasonsfor the decision.

˙Publication of decision

841. If the Queensland Competition Authority decides to grant anaccreditation, the authority must publish in the gazette a notice of the grant.

˙Period of effect of accreditation

842.(1) An accreditation remains in force until the end of the periodstated in the authority’s accreditation notice, unless it is sooner surrenderedor cancelled.


“authority’s accreditation notice” means a notice given to an applicantfor an accreditation by the Queensland Competition Authority advisingthe applicant of the grant of the accreditation.

˙Surrender of accreditation

843.(1) A local government business entity that has been granted anaccreditation may surrender the accreditation by written notice given to theQueensland Competition Authority.

(2) The surrender takes effect—

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(a) the day the notice is given to the authority; or

(b) if a later day of effect is stated in the notice—the later day.

˙Cancellation of accreditation

844.(1) An accreditation may be cancelled on the ground the localgovernment business entity concerned has contravened a condition of theaccreditation.

(2) If the Queensland Competition Authority believes the ground existsto cancel an accreditation, the authority must give the local governmentbusiness entity a written notice that—

(a) states the authority proposes to cancel the accreditation; and

(b) states the grounds for the proposed action; and

(c) outlines the facts and circumstances forming the basis for thegrounds; and

(d) invites the entity to show, in writing, within the show causeperiod why the proposed action should not be taken.

(3) If, after considering all written representations made within the showcause period, the authority still believes the grounds exist to cancel theaccreditation, the authority may cancel the accreditation.

(4) The authority must give a written notice stating its decision and thereasons for the decision to—



(5) The decision takes effect—

(a) the day the notice is given to the local government business entity;or

(b) if a later day of effect is stated in the notice—the later day.


“show cause period”, for a notice given to a local government businessentity under subsection (2), means the period ending not less than

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14 days, and not more than 21 days, after the notice is given to theentity.

˙Lists of accreditations

845. The Queensland Competition Authority must keep a list of allcurrent accreditations granted under this part available for inspection by anyperson.

†PART 5—MISCELLANEOUS

˙Register of accreditations, complaints etc.

846. A local government must keep open to inspection a register ofactivities carried on by local government business entities to whichcompetitive neutrality principles apply containing the followingparticulars—

(a) activities under chapter 8, parts 5, 6 or 7 to which the localgovernment has applied competitive neutrality principles and thedate from which the competitive neutrality principles apply;

(b) activities to which the code of competitive conduct currentlyapplies under chapter 9 and the date on which the code firstapplied to each activity;

(c) activities currently accredited under part 4;

(d) activities for which the Queensland Competition Authority is thereferee for the complaint process for the entity carrying on theactivity;

(e) a list of—

(i) current investigation notices for complaints and referencesreceived; and

(ii) the local government’s decisions on—

(A) the referee’s recommendations on the complaints; and

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s 847

(B) the Queensland Competition Authority’srecommendations on references of complaints.

˙Annual report to include summary of complaints and decisions bylocal government

847. The local government must include in its annual report190 for eachfinancial year—

(a) a summary of—

(i) investigation notices for complaints and references receivedby the local government in the year; and

(ii) the local government’s decisions in the year on—

(A) the referee’s recommendations on the complaints; and

(B) the Queensland Competition Authority’srecommendations on the references; and

(b) a list of all activities of its local government business entitiescurrently accredited under part 4.

190 Under section 531, a local government is required to prepare an annual report.Also under the City of Brisbane Act 1924, section 119, the Brisbane City Councilis required to prepare an annual report.

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s 849

†CHAPTER 12—LOCAL LAWS AND LOCAL LAWPOLICIES

†PART 1—PRELIMINARY

†Division 1—Object and application

˙Object

848.(1) A local government’s jurisdiction to make laws is stated inchapter 2 (The local government system), part 1 (Local governments),division 3 (Jurisdiction of local governments).

(2) This chapter provides a common law-making process for all lawsmade by local governments.

(3) It also provides for local law policies to assist the detailedimplementation of a local law’s objects.

Examples for subsections (2) and (3)—

1. If a local law on libraries states that the local government may make a locallaw policy about the management and use of library resources, the local governmenthas a general power to make a local law policy about a variety of issues, including,for example, the hours of operation of the library, use of its facilities and restrictionson borrowing books.

2. If a local law on libraries states that the local government may make a locallaw policy on a specific issue, for example, the restriction of borrowing rights orsuspension of membership if a member retains borrowed items for substantiallylonger than permitted by the library rules, the local government cannot, withoutspecific authority in the local law, make a local law policy about other librarymatters, including, for example, the hours of operation of the library.

˙Application of chapter to Brisbane City Council


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†Division 2—Local laws and related concepts

˙Meaning of “local law”

850. A “local law” is a law made by a local government.

˙Meaning of “model local law”

851.(1) A “model local law” is a law about a matter within thejurisdiction of local government that is proposed by the Minister as suitablefor adoption by local governments as a local law.

(2) A model local law must be gazetted.

˙Meaning of “interim local law”

852. An “interim local law” of a local government is a local law that thelocal government and Minister agree may be made using the process statedin part 2 (Making local laws and local law policies), division 2 (Makinginterim local laws) because of the nature of the law.

˙Meaning of “local law policy”

853. If—

(a) a local law expressly states that a local government may make apolicy about a matter; and

(b) the local government makes a policy about the matter;

the policy is a “local law policy”.

˙Local laws and local law policies about development

854.(1) A local government must not, on or after 30 March 1998, pass aresolution to propose to make a local law, or a local law policy, establishinga process about development, within the meaning of the IntegratedPlanning Act 1997, if the process would be similar to or duplicate all or part

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of the processes in chapter 3 of that Act.191

(2) A local law or a local law policy, to the extent the law or policy iscontrary to subsection (1), is of no effect.

(3) If a provision of a local law or a local law policy deals withdevelopment, within the meaning of the Integrated Planning Act 1997—

(a) until a new planning scheme (other than a transitional planningscheme within the meaning of chapter 6 of that Act) has effect inthe local government’s area, the provision may be amended orrepealed; or

(b) on or after a new planning scheme (other than a transitionalplanning scheme within the meaning of chapter 6 of that Act) haseffect in the local government’s area, the provision may not beamended but may be repealed.

(4) Subsection (3) also applies to a local law of a local government if—

(a) the area or part of the area of the local government (the “firstlocal government”) has been amalgamated with another localgovernment’s area; and

(b) the local law—

(i) under a regulation, continues to apply in what was the firstlocal government’s area; or

(ii) has, by another local law, been applied, with or withoutamendment, to the entire area of the amalgamated localgovernment areas.

191 See Local Government Act 1993, sections 866 (Step 1—Propose a law) and 877(Step 1—Propose a policy).

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†PART 2—MAKING LOCAL LAWS AND LOCAL LAWPOLICIES

†Division 1—Making model local laws

˙Application of division

855. This division applies subject to division 5.192

˙Model local law process

856.(1) The process stated in this division or division 3 (Making otherlocal laws) must be used to make a model local law.

(2) If a local government purports to make a model local law incontravention of subsection (1), the purported law is of no effect.

˙Step 1—make a law

857.(1) A local government makes a model local law if, by resolution,it—

(a) adopts a model local law about a matter; and

(b) if there is an existing local law about the matter that is inconsistentwith what is adopted—amends or repeals the existing local law sothat there is no inconsistency.

(2) The local government’s chief executive officer must certify therequired number of copies of the local law to be the local law as made bythe local government.

(3) For subsection (1)(a), the adoption of a model local law with changesabout an anti-competitive provision consistent with a resolution of the localgovernment made under section 891 in relation to the local law is theadoption of a model local law.

(4) A local government must not adopt a model local law with an

192 Division 5 (Anti-competitive provisions of proposed local laws and proposedlocal law policies)

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s 858

anti-competitive provision (whether or not in an amended form) unless thelocal government has complied with division 5 in relation to the proposedmodel local law.

˙Step 2—give public notice of law

858.(1) A notice of the making of the model local law must be publishedin the gazette stating the following—

(a) the name of the local government making the local law;

(b) the name of the local law;

(c) the date of the local government’s resolution making the locallaw;

(d) the name of any existing local law amended or repealed by thenew local law;

(e) if a public interest test report under division 5 has identified ananti-competitive provision in the model local law and theprovision is changed—the fact of the anti-competitive provisionand the extent of change.

(2) The notice also may state the following—

(a) that the local law is a model local law proposed by the Minister assuitable for adoption by local governments;

(b) the purposes and general effect of the local law;

(c) that a certified copy of the local law is open to inspection at thelocal government’s public office and at the department’s Stateoffice;

(d) that a copy of the certified copy of the local law may be purchasedat the local government’s public office.

(3) If the local law is not notified within 1 year of the date of the localgovernment’s resolution making the local law (or a longer period decidedby the Minister), the process stated in this division must be used againbefore the local law is notified in the gazette.

(4) On the day of notification (or as soon as practicable after the day), thelocal government must give the Minister—

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s 861

(a) a copy of the notice; and

(b) the required number of certified copies of the local law; and

(c) advice of any anti-competitive provisions included in the local lawand reasons for their inclusion.

†Division 2—Making interim local laws

˙Interim local law process

859.(1) The process stated in this division must be used to make aninterim local law.

(2) If a local government purports to make an interim local law incontravention of subsection (1), the purported law is of no effect.

˙Step 1—propose a law

860.(1) The local government must, by resolution, propose to—

(a) make a law; and

(b) get the Minister’s agreement to make the law as an interim locallaw.

(2) The proposed local law must include a sunset provision stating thelaw will expire—

(a) 6 months after its commencement; or

(b) at the end of a longer period gazetted by the Minister.

˙Step 2—get Minister’s agreement to use interim local law process

861.(1) The local government must—

(a) advise the Minister of the proposed local law and state why it isnecessary or desirable for the local law to be made on an interimbasis; and

(b) give the Minister information about the proposed local lawrequired by the Minister or by regulation.

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s 863

(2) If the Minister agrees the local law should be made on an interimbasis, the Minister must advise the local government of this.

(3) The Minister’s agreement may be subject to conditions the Ministerconsiders appropriate.

(4) Before proceeding to step 3, the local government must—

(a) get an advice under subsection (2); and

(b) agree to satisfy any condition imposed by the Minister; and

(c) agree to immediately begin the process stated in division 3(Making other local laws) to make the proposed interim local lawas a local law under that division.

(5) The local government must satisfy any agreed conditions and beginthe process stated in division 3 to make the proposed interim local law as alocal law under that division.

˙Step 3—make proposed law

862.(1) The local government must, by resolution, make the proposedinterim local law.



863.(1) A notice of the making of the interim local law must bepublished in the gazette stating the following—




(d) the name of any existing local law amended or repealed by thenew local law.


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s 865

(a) that the local law is an interim local law;

(b) the purposes and general effect of the local law;

(c) the date the local law will expire and that the Minister may extendthis date by gazette notice;

(d) that a certified copy of the local law is open to inspection at thelocal government’s public office and at the department’s Stateoffice;

(e) that a copy of the certified copy of the local law may be purchasedat the local government’s public office.

(3) The notice must be published as soon as practicable after theresolution making the local law is made.



(b) the required number of certified copies of the local law.

†Division 3—Making other local laws



˙Local law process

865.(1) The process stated in this division must be used to make a locallaw (other than a model local law or interim local law).

(2) The process stated in this division also may be used to make a modellocal law.

(3) If a local government purports to make a local law in contravention ofsubsection (1), the purported law is of no effect.


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s 867

˙Step 1—propose a law

866. The local government must, by resolution, propose to make a law.

˙Step 2—ensure proposed law satisfactorily deals with any Stateinterest

867.(1) The local government must—

(a) advise the Minister of the proposed local law; and

(b) give the Minister information about—

(i) any provision that, under division 5 is a possibleanti-competitive provision of the proposed local law andactions taken or proposed to be taken by the localgovernment under the division about the provision; and

(ii) the proposed local law required by the Minister or byregulation.

(2) If the Minister considers State interests are satisfactorily dealt with bythe proposed local law, the Minister must advise the local government that itmay proceed further in making the law.

(3) Alternatively, if the Minister considers State interests would besatisfactorily dealt with by the proposed local law if the local governmentsatisfied particular conditions, the Minister—

(a) may impose conditions on the local government that the Ministerconsiders appropriate; and

(b) must advise the local government that it may proceed further inmaking the law if it—

(i) satisfies any conditions about the content of the proposedlocal law; and

(ii) agrees to satisfy any other conditions.

(4) If the Minister considers that the proposed local law only makes aminor amendment of an existing law (including, for example, the correctionof a minor error), the advice of the Minister also may state that the localgovernment may proceed to step 8 without satisfying steps 3 to 7.

(5) Steps 3 to 7 do not apply if the Minister’s advice to the local

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government includes the statement mentioned in subsection (4).

(6) The advice of the Minister also may state that the local governmentmay proceed without satisfying step 7 if the local government agrees tosatisfy particular conditions.

(7) Before proceeding further in making a proposed local law, the localgovernment must—

(a) get an advice under subsection (2) or (3); and

(b) satisfy any condition about the content of the proposed local law;and

(c) agree to satisfy any other conditions.

˙Step 3—consult with public about proposed law

868.(1) The local government must consult with the public about theproposed local law for at least 21 days (the “consultation period”).

(2) However, a longer consultation period may be—

(a) fixed by a condition agreed by the Minister and the localgovernment in step 2; or

(b) prescribed by regulation.

(3) The consultation period begins on the day when the notice mentionedin subsection (4) is first published.

(4) A notice about the proposed local law must be—

(a) published at least once in a newspaper circulating generally in thelocal government’s area; and

(b) displayed in a conspicuous place in the local government’s publicoffice from the first day of the consultation period until the end ofthe last day of the consultation period.


(a) the name of the local government proposing to make the locallaw;

(b) the name of the proposed local law;

(c) the purposes and general effect of the proposed local law;

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s 870

(d) the length of the consultation period and the first and last days ofthe period;

(e) that a copy of the proposed local law is open to inspection at thelocal government’s public office on or before the last day;

(f) that a copy of the proposed local law may be purchased at thelocal government’s public office on or before the last day at astated price;

(g) that written submissions by any person supporting or objecting tothe proposed local law may be made and given to the localgovernment on or before the last day stating—

(i) the grounds of the submission; and

(ii) the facts and circumstances relied on in support of thegrounds.

(6) The price of a copy of the proposed local law must be no more thanthe cost to the local government of having the copy available for purchase,and, if the copy is posted to the purchaser, the postage cost.

˙Step 4—give public access to proposed law

869. On the first day of the consultation period and until the end of thelast day of the consultation period—

(a) a copy of the proposed local law must be open to inspection at thelocal government’s public office; and

(b) copies of the proposed local law must be available for purchase atthe local government’s public office at the price stated in thenotice about the proposed local law.

˙Step 5—accept and consider all submissions

870.(1) The local government must consider every submission properlymade to it.

(2) A submission is properly made to the local government if it—

(a) is the written submission of any person about the proposed locallaw; and

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(b) states—


(ii) the facts and circumstances relied on in support of thegrounds; and

(c) is given to the local government on or before the last day of theconsultation period.

˙Step 6—decide whether to proceed with making proposed law

871. After considering every submission properly made to it, the localgovernment must, by resolution, decide whether to—

(a) proceed with the making of the proposed local law as advertised(the “advertised proposed law”); or

(b) proceed with the making of the proposed local law withamendments (the “amended proposed law”); or

(c) not proceed with the making of the proposed local law.

˙Step 7—again ensure proposed law satisfactorily deals with any Stateinterest

872.(1) This step does not apply in the following cases—

(a) if the local government got an advice under section 867(4) or (6)(Step 2—ensure proposed law satisfactorily deals with any Stateinterest) and has satisfied any agreed conditions;

(b) if the local government decides not to proceed with the proposedlocal law;

(c) if a regulation states the step does not apply.


(a) advise the Minister of its decision under step 6; and

(b) give the Minister information about the proposed local lawrequired by the Minister or by regulation.

(3) If the Minister considers that State interests are satisfactorily dealtwith by the proposed local law, the Minister must advise the local

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s 873

government it may proceed to step 8.

(4) Alternatively, if the Minister considers that State interests would besatisfactorily dealt with by the proposed local law if the local governmentsatisfied particular conditions, the Minister—

(a) may impose conditions on the local government that the Ministerconsiders appropriate; and

(b) must advise the local government that it may proceed to step 8 ifit—

(i) satisfies any conditions about the content of the proposedlocal law; and

(ii) agrees to satisfy any other conditions.

(5) Before proceeding further in making a proposed local law, the localgovernment must—

(a) get an advice under subsection (3) or (4); and

(b) satisfy any condition about the content of the proposed local law;and

(c) agree to satisfy any other conditions.

(6) A local government must not act under subsection (2) unless the localgovernment has complied with division 5194 in relation to the proposedlocal law.

˙Step 8—make proposed law

873.(1) The local government must, by resolution, make—

(a) the advertised proposed law; or

(b) the amended proposed law; or

(c) the proposed law for which the local government received advicefrom the Minister that it could proceed to this step withoutsatisfying steps 3 to 7.

(2) The local government’s chief executive officer must certify the


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required number of copies of the local law to be the local law as made bythe local government.


874.(1) A notice of the making of the local law must be published in thegazette stating the following—




(d) the name of any existing local law amended or repealed by thenew local law.


(a) the purposes and general effect of the local law;

(b) that a certified copy of the local law is open to inspection at thelocal government’s public office and at the department’s Stateoffice;

(c) that a copy of the certified copy of the local law may be purchasedat the local government’s public office.

(3) If the local law is not notified within 1 year of the date of the localgovernment’s resolution making the local law (or a longer period decidedby the Minister), the process stated in this division must be used againbefore the local law is notified in the gazette.



(b) the required number of certified copies of the local law; and

(c) advice of any anti-competitive provisions included in the local lawand reasons for their inclusion.

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†Division 4—Making local law policies



˙Local law policy process

876.(1) The process stated in this division must be used to make a locallaw policy.

(2) If a local government purports to make a local law policy incontravention of subsection (1), the purported policy is of no effect.

˙Step 1—propose a policy

877. The local government must, by resolution, propose to make a locallaw policy.

˙Step 2—consult with public about proposed policy

878.(1) The local government must consult with the public about theproposed local law policy for at least 21 days (the “consultation period”).

(2) However, a longer consultation period may be prescribed byregulation.

(3) The consultation period begins on the day when the notice mentionedin subsection (4) is first published.

(4) A notice about the proposed local law policy must be—

(a) published at least once in a newspaper circulating generally in thelocal government’s area; and

(b) displayed in a conspicuous place in the local government’s publicoffice from the first day of the consultation period until the end ofthe last day of the consultation period.


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(a) the name of the local government proposing to make the local lawpolicy;

(b) the name of the proposed local law policy;

(c) the name of—

(i) the local law allowing the policy to be made; or

(ii) if this step is used under section 883 (Early commencementunder local law policy making process)—the proposedauthorising law;

(d) the purposes and general effect of the proposed local law policy;

(e) the length of the consultation period and the first and last days ofthe period;

(f) that a copy of the proposed local law policy is open to inspectionat the local government’s public office on or before the last day;

(g) that a copy of the proposed local law policy may be purchased atthe local government’s public office on or before the last day at astated price;

(h) that written submissions by any person supporting or objecting tothe proposed local law policy may be made and given to the localgovernment on or before the last day stating—


(ii) the facts and circumstances relied on in support of thegrounds.

(6) The price of a copy of the proposed local law policy must be no morethan the cost to the local government of having the copy available forpurchase, and, if the copy is posted to the purchaser, the postage cost.

˙Step 3—give public access to proposed policy

879. On the first day of the consultation period and until the end of thelast day of the consultation period—

(a) a copy of the proposed local law policy must be open toinspection at the local government’s public office; and

s 880 534


s 881

(b) copies of the proposed local law policy must be available forpurchase at the local government’s public office at the price statedin the notice about the proposed local law policy.

˙Step 4—accept and consider all submissions

880.(1) The local government must consider every submission properlymade to it.

(2) A submission is properly made to the local government if it—

(a) is the written submission of any person about the proposed locallaw policy; and

(b) states—


(ii) the facts and circumstances relied on in support of thegrounds; and

(c) is given to the local government on or before the last day of theconsultation period.

˙Step 5—make proposed policy

881.(1) If, after considering every submission properly made to it, thelocal government decides to make the proposed local law policy (whether asadvertised or with amendments), it must, by resolution, make the local lawpolicy.

(2) However, the local government may substantially amend theproposed local law policy only if the local government again consults withthe public under section 878 (Step 2—consult with public about proposedpolicy) and complies with steps 3 and 4.

(3) The local government’s chief executive officer must certify therequired number of copies of the local law policy to be the local law policyas made by the local government.

(4) For subsection (2), an amendment of a proposed local law policywith changes consistent with a resolution of the local government madeunder section 891 in relation to the local law policy is not a substantialamendment of the policy.

s 882 535


s 882

(5) A local government must not act under subsection (1) or (2) unlessthe local government has complied with division 5196 in relation to theproposed local law policy.

˙Step 6—give public notice of policy

882.(1) A notice of the making of the local law policy must be publishedin a newspaper circulating generally in the local government’s area statingthe following—

(a) the name of the local government making the local law policy;

(b) the name of the local law policy;

(c) the date of the local government’s resolution making the local lawpolicy;

(d) the name of any existing local law policy amended or repealed bythe new local law policy.


(a) the name of the local law allowing the policy to be made;

(b) the purposes and general effect of the local law policy;

(c) that a certified copy of the local law policy is open to inspection atthe local government’s public office and at the department’s Stateoffice;

(d) that a copy of the certified copy of the local law policy may bepurchased at the local government’s public office.



(b) the required number of certified copies of the local law policy;and

(c) advice of any anti-competitive provisions included in the local lawpolicy and reasons for their inclusion.


s 883 536


s 884

(4) The local law policy commences—

(a) on the day on which it is notified; or

(b) if a later day or time is fixed in the policy—on that day or at thattime.

(5) If the local law policy is notified on a day after the day or time fixedby the policy for its commencement, the policy is valid, but commences onthe day on which it is notified.

˙Early commencement under local law policy making process

883.(1) The purpose of this section is to permit a local government tostart the process for making a local law policy (the “policy”) even thoughthe process for making the local law on which the policy is to be based (the“proposed authorising law”) has not finished.

(2) A local government may use steps 1 to 5 of the process for makingthe policy (other than actually making the policy) before the proposedauthorising local law is made if—

(a) in making the proposed authorising law, the local government hasto satisfy division 3 (Making other local laws), steps 3 to 7; and

(b) the notice about the policy under section 878 (Step 2—consultwith public about proposed policy) is published no earlier than thenotice about the proposed authorising law under section 868(Step 3—consult with public about proposed law) is published.

†Division 5—Anti-competitive provisions of proposed local laws andproposed local law policies



“cut off day” means—

(a) for a local law or local law policy made before 31 December1997—31 December 1997; or

(b) for a local law made under division 3 after 31 December 1997

s 885 537


s 886

and, if in making the local law, the local government, before31 December 1997, complied with section 872(2)—a later daystated under a regulation.

(2) Subject to subsections (3) and (4), this division applies to local lawsand local law policies made after the commencement of this section.

(3) This division does not apply to local laws or local law policies madebefore the cut off day if the local government, before 31 December 1997,decides to apply chapter 19, part 1, division 4 to the local law or local lawpolicy as if the local law or local law policy were an existing local law orexisting local law policy under that division.

(4) This division does not apply to interim local laws.

˙Definitions for div 5

885. In this division—

“anti-competitive provision”, of a proposed local law or proposed locallaw policy, means a provision that, under a regulation, is treated ascreating barriers to entry to a market or barriers to competition within amarket.

“possible anti-competitive provision” see section 887.

“proposed local law” includes a local law proposed to be made underdivision 1.

“public interest test” means a review of a possible anti-competitiveprovision of a proposed local law or proposed local law policy underthis division.

“public interest test report” means the report, includingrecommendations, on a public interest test.

˙Local laws and local law policies not to be made unless localgovernment complies with division

886. A local government must not make a local law or a local law policyunless the local government complies with this division.

s 887 538


s 889

˙Review of proposed local law or proposed local law policy to identifypossible anti-competitive provisions

887. A local government must carry out a review of its proposed locallaw or proposed local law policy and identify any provision of the law orpolicy that it considers may be an anti-competitive provision (a “possibleanti-competitive provision”).

˙Public interest test of possible anti-competitive provisions

888.(1) Before making a local law or local law policy containing apossible anti-competitive provision, a local government must ensure apublic interest test is carried out and a public interest test report prepared foreach of the possible anti-competitive provisions.

(2) A public interest test report must, for each possible anti-competitiveprovision, recommend—

(a) that the provision should be retained as it is not ananti-competitive provision; or

(b) for a provision that the report identifies as being ananti-competitive provision—that the whole or part of theprovision—

(i) in the public interest, should be retained (whether in itscurrent or another form); or

(ii) should not be retained.

(3) For subsection (2), it is in the public interest for an anti-competitiveprovision to be retained (whether in its current or another form) if—

(a) the benefits of the provision to the community as a wholeoutweigh the costs; and

(b) the most appropriate way of achieving the objectives of theproposed local law or proposed local law policy is by restrictingcompetition in the way provided in the provision.

˙Local government to decide on test and report process

889.(1) The local government must decide—

s 890 539


s 891

(a) how the public interest test is to be conducted; and

(b) the matters with which the public interest test report must deal.

(2) The decision must provide for a consultation process for the publicinterest test and state how the process is to be used in the test.

Example—

A local government may decide that the consultation process concerning possibleanti-competitive provisions must include—

(a) giving notice of the test and inviting submissions about the test; and



(d) consideration of the submissions received about the test.

The local government may also decide the process for the test may be carried outin conjunction with another process required for making the local law or local lawpolicy such as step 3 in section 868 or step 2 in section 878.

(3) The decision is subject to a regulation under section 893.

˙Public interest test report to be presented to local government meeting

890. As soon as practicable after a public interest test report is completed,it must be presented to a meeting of the local government.

˙Local government to resolve whether to implement recommendationsof public interest test

891.(1) After a public interest test report has been presented to a meetingof a local government, the local government must resolve whether toimplement the recommendations of the report.

(2) A local government may make a contrary resolution about ananti-competitive provision only if the local government is of the opinion andresolves that—

(a) the benefits of the provision in the proposed local law orproposed local law policy to the community as a whole outweighthe costs; and

(b) the most appropriate way of achieving the objectives of the

s 892 540


s 893

proposed local law or proposed local law policy is by restrictingcompetition in the way provided in the provision.

(3) A resolution under subsection (2) must include a statement of thereasons for finding that—


(b) the most appropriate way of achieving the objectives of theproposed local law or proposed local law policy is by restrictingcompetition in the way provided in the provision.

(4) In subsections (2) and (3)—

“contrary resolution” means a resolution by a local government to—

(a) retain an anti-competitive provision of a proposed local law orproposed local law policy despite a recommendation in a publicinterest test report that the provision should not be retained; or

(b) retain an anti-competitive provision of a proposed local law orproposed local law policy in a form not consistent with the formrecommended in a public interest test report.

˙Public interest test reports are open to inspection

892. From the day the public interest test report is presented to a meetingof a local government the report must be open to inspection.

˙Regulation about public interest tests and public interest test reports

893. A regulation may be made about—

(a) the procedures to be followed and criteria to be used to identifypossible anti-competitive provisions of proposed local laws orproposed local law policies; and

(b) requirements for public interest tests and public interest testreports; and

(c) the giving of information by local governments to the Minister.

s 894 541


s 896

†PART 3—PUBLIC ACCESS TO LOCAL LAWS ANDLOCAL LAW POLICIES

˙Laws and policies available for inspection and purchase

894.(1) On and from the day of publication of a notice of the making of alocal law or local law policy (or as soon as practicable after the day)—

(a) a certified copy of the local law or local law policy must be opento inspection at the local government’s public office and thedepartment’s State office; and

(b) copies of the certified copy of the local law or local law policymust be available for purchase at the local government’s publicoffice.

(2) The price of a copy of a local law or a local law policy must be nomore than the cost to the local government of having the copy available forpurchase and, if the copy is posted to the purchaser, the postage cost.

˙Policy register

895.(1) A local government must keep a register of its local law policies.

(2) The register must comply with the regulation.

(3) The register must be open to inspection at the local government’spublic office.

†PART 4—STATUS OF LOCAL LAWS AND LOCALLAW POLICIES

˙Effect of local laws

896. On commencement, a local law made by a local government has theforce of law.

s 897 542


s 899

˙Extent to which local law policy is binding

897.(1) A local government’s local law policy is binding on the localgovernment.

(2) A local government’s local law policy on a matter is, and it isdeclared always was, binding on anyone else to the extent stated in the locallaw stating the matter about which the local law policy may be made.

˙Proof of local laws and local law policies

898.(1) In a proceeding, a certified copy of a local law or local law policyis evidence of the content of the local law or local law policy.

(2) All courts, judges and persons acting judicially must take judicialnotice of a certified copy of a local law or local law policy.

(3) In a proceeding, a copy of the gazette or newspaper containing anotice about the making of a local law or local law policy is—

(a) evidence of the matters stated in the notice; and

(b) evidence that the local law or local law policy has been properlymade.

˙Local law and local law policy presumed to be within jurisdiction

899. In a proceeding, the competence of a local government to make aparticular local law or local law policy is presumed unless the issue israised.

s 900 543


s 901

†CHAPTER 13—LOCAL GOVERNMENTINFRASTRUCTURE

†PART 1—EXTENDED APPLICATION OF CHAPTER



†PART 2—ROADS

†Division 1—Control of roads

˙Local governments’ control of roads

901.(1) A local government has control of all roads in its area.

(2) Control of roads includes capacity to take all necessary steps for—

(a) survey and resurvey of roads; and

(b) construction, maintenance and improvement of roads; and

(c) regulation of use of roads; and

(d) regulation of movement of traffic and parking vehicles on roads.

(3) Subsection (2)(d) is subject to the Traffic Act 1949.

(4) Regulation of use of roads includes—

(a) requiring, by local law, an owner of land adjoining a road to fencethe land to prevent animals escaping from the land onto the road;and

(b) specifying, by local law, the obligations of the owner of the land.

s 902 544


s 904

†Division 2—Realignment and widening of roads

˙Realignment of roads

902.(1) A local government may realign a road to widen it.

(2) A road may be realigned—

(a) by acquisition of land necessary for the purpose; or

(b) if a structure or part of a structure is on land affected by therealignment between the existing and proposedalignments—under a notice of realignment.

(3) A local government must serve a notice (the “notice ofrealignment”) on the owner of land affected by a realignment.

(4) The notice must inform the owner in general terms of this section andsection 904 (Compensation for realignment of road).

(5) The local government must lodge a copy of the notice of realignmentwith the registrar of titles for the registration on the instrument of title to theland.

˙Effect of notice of realignment

903.(1) The owner of land that is the subject of a notice of realignmentmust not erect, place, re-erect, replace or repair any structure or part of astructure on the land between the existing and proposed alignments of theroad without the permission of the local government.

(2) Despite service of the notice, land between the existing and proposedalignments of a road does not form part of the road until it has beenacquired by the local government and dedicated to public use as a road.

(3) The registrar of titles may register the notice despite thenon-production of a relevant instrument of title.

˙Compensation for realignment of road

904.(1) A person who would be entitled to claim compensation onacquisition by a local government of land affected by a notice ofrealignment situated between the existing and proposed alignments of a

s 905 545


s 906

road is entitled to compensation from the local government for injuriousaffection to the person’s interest in the land because of—

(a) service of the notice; or

(b) refusal by the local government of permission mentioned insection 903(1) (Effect of notice of realignment).

(2) However, compensation is not payable on service of the noticeuntil—

(a) the land is first sold after service of the notice; or

(b) the owner of the land has, after service of the notice, offered theland for sale in good faith, but cannot sell the land for a fair andreasonable price.

˙Claims for compensation

905.(1) A claim for compensation must—

(a) be made to the chief executive officer of the local government in aform approved by the chief executive officer; and

(b) be made within 3 years after the entitlement to compensationarose.

(2) The claim is taken to have been properly made when the claimant hasgiven the local government all information reasonably required by it todecide the claim.

(3) If, within 40 days after the claim is made, the local government hasnot given to the claimant written notice of its decision on the claim, it istaken to have refused compensation to the claimant on the 41st day after theclaim is made.

˙Appeals

906.(1) A claimant aggrieved by the decision of a local governmentmade on a claim for compensation may appeal against the decision to thePlanning and Environment Court.

(2) The appeal must be started within 30 days after notice of the decisionis given to the claimant or the decision is taken to have been made.

s 907 546


s 909

˙Assessment of compensation

907. Assessment of compensation for injurious affection of an interest inland because of a notice of realignment must be consistent with thefollowing principles—

(a) the amount of compensation must represent the differencebetween the market value of the interest immediately after serviceof the notice and what would be the market value of the interest atthat time if the notice had not been served;

(b) any benefit that may accrue, because of the realignment, to landadjacent to the land affected by the realignment, and in which theclaimant has an interest, must be taken into account;

(c) the amount of compensation must not be increased because theland affected by the realignment has, since the service of thenotice, become or ceased to be separate from other land.

˙Award of compensation

908. Before awarding compensation for injurious affection, the Planningand Environment Court must be satisfied—

(a) if the land has been sold—

(i) the sale price is less than the seller might reasonably haveexpected to receive had there been no notice of realignment;and

(ii) the seller sold the land in good faith; and

(iii) the seller took reasonable steps to obtain a reasonable pricefor the land; or

(b) if a local government has refused permission mentioned insection 903(1) (Effect of notice of realignment)—the permissionwas applied for in good faith.

˙Acquisition of land instead of compensation

909.(1) Unless land between the existing and proposed alignments of aroad has been sold, a local government may acquire the land instead ofpaying compensation for injurious affection.

s 910 547


s 911

(2) If, after a notice of realignment is served, land between the existingand proposed alignments of a road has been cleared of all structures, a localgovernment may, and, if required by the owner of the land, must, acquirethe land.

(3) Land acquired under subsection (1) or (2) must be dedicated forpublic use as a road within 3 months after its acquisition.

(4) Compensation for the compulsory acquisition of land undersubsection (1) or (2), if not agreed between the parties, must be assessed asat the date of the acquisition.

˙Notice of realignment not effective in certain circumstances

910.(1) A local government cannot, without the consent of the Planningand Environment Court, serve notice of realignment on an owner of landafter the owner has applied to it—

(a) for its approval of subdivision of the land; or

(b) for its approval, consent or permission—

(i) to erect or use a structure on the land; or

(ii) to use the land for any purpose.

(2) The court may consent to service of the notice only if it is satisfied thepurpose of the notice is to enable the local government to make, in goodfaith, a reasonable widening of the road.

˙Realignment not carried out

911.(1) This section does not apply to a realignment of road necessary tocomply with the requirements of a local government under a planningscheme in its application to particular developments in the localgovernment’s area.

(2) A local government may, before a realignment of a road has beencarried out, decide not to proceed with the realignment or with a part of it.

(3) The local government must serve notice of its decision on—

(a) all owners of land who were served with notice of therealignment; and

s 912 548


s 912

(b) all owners of land that, after the realignment has been carried outin part, adjoins the realigned boundary of the road.

(4) The notice must inform the owners in general terms of this sectionand section 912 (Compensation if realignment not carried out).


(a) withdraw all notices of realignment, or, if the decision relates topart only of a realignment, all notices of realignment for the part,lodged with the registrar of titles but not registered; and

(b) lodge with the registrar of titles a notice of its decision on allinstruments of title on which notice of realignment has beenregistered, or, if the decision relates to part only of a realignment,on which notice of realignment for the part has been registered.

˙Compensation if realignment not carried out


(a) a local government decides not to proceed with a realignment, orpart of a realignment, of a road; and

(b) structural improvements are made on land adjoining the road onthe basis of the proposed realignment being effected.

(2) The local government must pay the owner of the land reasonablecompensation for the decrease in value of the land because of the decision.

(3) The amount of compensation is the difference between the value ofthe land before and after the decision.

(4) If the local government and the owner fail to agree on the amount ofcompensation, the amount is to be decided by the Land Court.

(5) The provisions of the Acquisition of Land Act 1967 about the making,hearing and deciding of claims for compensation for land taken under thatAct apply, with any necessary changes and any changes prescribed byregulation, to claims for compensation under this section.

(6) A decision by a local government not to proceed with a realignment,or part of a realignment, of a road does not give rise to an entitlement tocompensation or a cause of action in any owner or occupier of land or otherperson other than under this section.

s 913 549


s 914

˙Acquisition of land for use as footpath

913.(1) A local government may widen a road by acquiring from theowner of land adjoining the road land for use as a footpath.

(2) The acquisition of land may be subject to a reservation in favour ofthe owner of any of the following rights as the local government decides, ator before the acquisition, to be appropriate—

(a) a right to ownership, possession, occupation and use of anyexisting structure, room or cellar at a specified height above ordepth below the level of the new footpath, subject to the localgovernment’s right to enter, and make structural alterations to, thestructure, room or cellar as it considers to be necessary;

(b) a right to erect a structure, in accordance with law, at a specifiedheight above and extending over the new footpath and to theownership, possession, occupation and use of the structure;

(c) a right of support for a structure mentioned in paragraph (a) or(b).

†Division 3—Opening and closure of roads

˙Notice to local government of opening or closure of roads

914.(1) If an application is made under the Land Act 1994 for theopening or closure of a road in a local government’s area by a person (otherthan the local government), the Minister administering that Act must givewritten notice of the application to the local government.

(2) The notice must specify a date (no earlier than 1 month or later than2 months after the local government is given the notice) on or before whichthe local government may object to the opening or closure of the road.

(3) An objection must state fully the reasons for the objection.

(4) The Minister must have regard to any objections properly made bythe local government.

(5) If the Minister decides the road should be opened or closed, theMinister must give written notice to the local government of the decision

s 915 550


s 917

and, if the decision is contrary to the local government’s objection, thereasons for it.

˙Limited closure of roads by local government

915.(1) A local government may, by public notice, close a road, or partof a road, permanently or temporarily, to particular traffic, if there is anotherroad, or route, reasonably available for use by the traffic.

(2) A local government may, by public notice, close a road to all trafficor particular traffic—

(a) during a temporary obstruction to traffic; or

(b) if it is necessary or desirable to close the road for—

(i) a temporary purpose; or

(ii) in the interests of public safety.

(3) Notice under subsection (1) or (2) may be published in the way thelocal government considers appropriate in each particular case.

(4) If a road, or part of a road, in a local government’s area is closed totraffic under subsection (1) or (2), the local government may do everythingnecessary to stop traffic using the road or the part of the road.

†Division 4—Miscellaneous

˙Temporary roads

916.(1) A local government may, to remake or repair part of a road,make a temporary road through land adjoining the road, to be used whilethe part is being remade or repaired.

(2) However, the temporary road may be made only if it is notreasonably practicable to temporarily close the part of the road to trafficwhile it is remade or repaired.

˙Fixing road levels

917.(1) The owner or occupier of land adjoining a road may give written

s 918 551


s 919

notice to the local government requiring it to advise the owner or occupierof the permanent level fixed or to be fixed for the road.

(2) If the local government has not, within 6 months after receiving thenotice, given to the owner or occupier written advice about the permanentlevel of the road, the local government is taken to have fixed the apparentlevel of the road when the notice was given as the permanent level of theroad.

˙Compensation for change in road level


(a) after a local government has fixed the permanent level of a road,the local government changes the level of the road; and

(b) the owner or occupier of land adjoining the road is injuriouslyaffected by the change.

(2) The owner or occupier, or the person’s successor in title, is entitled tothe reasonable compensation because of the injurious affection that is agreedbetween the local government and the person or, failing agreement, decidedby the Planning and Environment Court.

˙Ancillary works and encroachments on roads


“ancillary works and encroachments” means—

(a) gates or grids; or

(b) private railways; or

(c) tramways, including sugar cane tramways; or

(d) viaducts; or

(e) cellars.

(2) A local government may, by local law, regulate the construction,maintenance and operation of ancillary works and encroachments in, on,along, across, under or over roads in its area.

(3) However, a local government cannot make a local law about a

s 920 552


s 921

railway to which the Transport Infrastructure Act 1994, chapter 6197

applies.

˙Categorisation of roads

920. A local government must categorise roads in its area according tothe surface of the road.

˙Roads map and register

921.(1) A local government must prepare and keep up-to-date a map anda register of roads in its area.

(2) The map of roads must show every road in its area.

(3) The register of roads must show—

(a) the category of every road in its area; and

(b) the level of every road of which the level is fixed; and

(c) other particulars prescribed by regulation.

(4) The register of roads also may show other particulars the localgovernment considers appropriate.

(5) The map and register are open to inspection.

(6) On application and payment of a reasonable fee fixed by resolution orlocal law, a person may obtain—

(a) a copy of, or an extract from, a map or register of roads; or

(b) a certificate of an employee of the local government authorisedfor the purpose—

(i) about the category, alignment and levels of roads in its area;or

(ii) about the fact that the alignment or level of a road in its areahas not been fixed.

197 Chapter 6 (Rail transport infrastructure)

s 922 553


s 926

†PART 3—MALLS

˙Purpose of part

922. This part contains the provisions under which a mall may beestablished in a road.

˙Closure of roads to traffic

923.(1) For the purpose of establishing a mall in a road, the Governor inCouncil may, by gazette notice, and a notice published in a newspapercirculating generally in the locality of the road, temporarily close a road totraffic for the proposed mall.

(2) The Governor in Council may, by gazette notice, amend or revoke theroad closure.

(3) A notice of a road closure or amendment of a road closure mustspecify the day it becomes effective.

˙Provision of works for mall

924.(1) A local government may undertake and provide the worksnecessary or desirable for establishing a mall in a road.

(2) The local government also may do everything incidental toundertaking or providing the works.

˙Establishment of mall

925. The Governor in Council may, by gazette notice, nominate a day(the “mall opening day”) on which a road closed to traffic for a proposedmall is to reopen as a mall.

˙Closure of mall

926. The Governor in Council may, by gazette notice, declare that aspecified road ceases to be a mall on a specified day.

s 927 554


s 930

˙Operation of mall

927.(1) A local government may do everything necessary or desirablefor the promotion, development, management, maintenance, cleaning,operation and use of a mall.

(2) A local government also may do everything incidental to its powersunder subsection (1).

(3) The local government may permit the use of any part of the mall,including the erection of any structure, on the conditions it considersappropriate.

(4) The local government may exercise any of its powers in relation tothe mall before the mall opening day if it is necessary or desirable for themall’s benefit immediately on its establishment.

˙Control of vehicles and animals in malls

928. A local government may, by local law, regulate the entry of vehiclesand animals into, and the presence and use of vehicles and animals in,malls.

˙No entitlement to compensation for mall

929. A person has no entitlement at law to compensation for injuriousaffection to any right or interest of a business, commercial or industrialnature because of—

(a) the existence of a mall; or

(b) anything done under this part.

†PART 4—MARINE AND AQUATIC MATTERS

˙Ferry service in local government area

930. A local government has the exclusive right to provide a ferry service

s 931 555


s 934

across a watercourse at a place where the land forming both banks of thewatercourse is in its area.

˙Ferry service on boundary of local government areas

931. If a watercourse is the boundary between 2 or more localgovernment areas, the Governor in Council may, by regulation, declare thata specified local government has exclusive control of—

(a) provision of a service by ferry across the watercourse at a placewhere it forms the boundary; and

(b) all proper approaches to the ferry and the part of either bank of thewatercourse that, in the Governor in Council’s opinion, isnecessary for the convenient construction and use of the ferry andthe proper approaches to it.

˙Lease of ferries

932. A local government may lease the right to operate a ferry, alone orwith the land under its control that is required for the use of the ferry, for theperiod and on the terms it considers appropriate.

˙Local laws about ferries

933. A local government may make local laws for managing andregulating the use of ferries operated or leased by it.

˙Harbours, jetties, breakwaters and ramps

934.(1) A local government may construct, maintain, manage andregulate the use of—

(a) harbours for small vessels in or over tidal waters; and

(b) jetties, breakwaters and ramps in or over tidal waters.

(2) A local government may exercise powers under subsection (1) for aharbour or proposed harbour whether its waters are within or outside thelimits of a port under the Transport Infrastructure Act 1994.

(3) A local government may occupy and use foreshore, tidal land or tidal

s 935 556


s 935

waters to undertake work in exercising the powers.

(4) While the local government occupies or uses foreshore, tidal land ortidal waters, the foreshore, land or waters are taken to be in its area.

(5) This section has effect subject to the Land Act 1994.

˙Management and regulation of bathing reserves


“seashore” means—

(a) foreshore; or

(b) State land above high-water mark at ordinary spring tides that isordinarily covered by sand or shingle.

“State land” does not include land that is subject to a licence, permit orother authority granted under an Act by the State.

(2) The Governor in Council may, by gazette notice, place under thecontrol of a local government as a bathing reserve—

(a) a part of the seashore; and

(b) land under the sea adjacent to that part of the seashore andseawards for a distance not more than 1 km beyond low-watermark at ordinary spring tides; and

(c) sea above that part of the seashore and land.

(3) The local government may—

(a) manage and regulate the use of the bathing reserve; or

(b) construct and maintain enclosures, structures and facilities in thebathing reserve; or

(c) provide, or authorise someone else to provide, lifesaving servicesfor the bathing reserve.

(4) While the bathing reserve is under the local government’s control, thebathing reserve is taken to be in its area.

s 936 557


s 938

˙Control of foreshore

936.(1) The Governor in Council may, by gazette notice, place foreshoreunder the control of—

(a) the local government of the local government area adjoining theforeshore; or

(b) if there is no local government area adjoining the foreshore—thelocal government of a local government area convenient to theforeshore.

(2) The local government may manage and regulate the use of theforeshore.

(3) While the foreshore is under the local government’s control, theforeshore is taken to be in its area.

†PART 5—LOCAL GOVERNMENT CONTROL OVERLEVEE BANKS

†Division 1—Jurisdiction of local governments

˙Limited exclusion of jurisdiction of local government

937. The jurisdiction of a local government under this part to prohibit orregulate the construction and maintenance of levee banks does not extend toa part of its area included in an approved plan within the meaning of the SoilConservation Act 1986.

†Division 2—Control of levee banks

˙Regulation of levee banks etc.

938.(1) Subject to section 854, a local government may, by a local law—

(a) prohibit construction of levee banks without the localgovernment’s permission; and

s 939 558


s 940

(b) regulate the construction and maintenance of levee banks; and

(c) require changes to levee banks constructed before or after thecommencement of this part, although their construction may havecomplied with the requirements and approval of the localgovernment.

(2) A local law prohibiting construction of levee banks without the localgovernment’s permission must provide for—

(a) particulars to be supplied by an applicant for the localgovernment’s permission; and

(b) public notice of applications for the local government’spermission to be given by advertisement at least twice in anewspaper circulating generally in the local government’s area;and

(c) submissions supporting or objecting to applications and therequirements applying to the submissions; and

(d) procedures of the local government in considering and decidingapplications; and

(e) all other issues the local government considers necessary forproperly disposing of applications.

˙Decision on application for permission

939.(1) If a local government decides to give permission for a levee bankconstruction, it may decide the permission is subject to conditions.

(2) The decision on an application must—

(a) be given to the applicant by written notice; and

(b) be given to each person who made a submission on theapplication; and

(c) if the decision is to give permission, but the permission is to besubject to conditions—specify the conditions.

˙Issue of permit

940.(1) A permission has effect only if a permit is issued setting out the

s 941 559


s 941

terms of the permission.

(2) A permit must not be issued before the end of 30 days after notice ofthe decision is given under section 939(2) (Decision on application forpermission).

(3) However, if an appeal is started within the 30 days mentioned insubsection (2), a permit may be issued only if—

(a) the decision on appeal confirms the giving of permission, with orwithout conditions, or changed conditions, applying to thepermission; or

(b) the appeal is struck out or is discontinued.

(4) An issued permit is subject only to the conditions stated in the permit.

˙Application for permission for existing levee banks

941.(1) If, when a local law mentioned in section 938 (Regulation oflevee banks etc.) commences, there is on land to which the local law appliesa levee bank that, in the local government’s opinion, affects or is likely toaffect natural drainage to an extent that it causes or may cause damage toland or a public work, service or undertaking, the local government may, bywritten notice, require the owner of the land to apply to it within a specifiedreasonable period for permission to keep the levee bank or part of the leveebank.

(2) This part applies to an application made in response to a requirementunder subsection (1) as if the application were an application for permissionto construct the levee bank or part concerned.

(3) A person must not keep on the person’s land, or allow anotherperson to keep on the person’s land, a levee bank or part of a levee bank towhich a requirement under subsection (1) applies—

(a) after the end of the period allowed by the request for applying forthe local government’s permission to keep the levee bank or partof the levee bank, if the application has not been properly made;or

(b) after the local government’s permission has been refused; or

(c) in breach of the conditions stated in a permit issued by the local

s 942 560


s 943

government.


(4) If a person convicted of an offence against subsection (3) continues tocommit the offence, the person commits a continuing offence.

Maximum penalty—1 penalty unit for each day on which the offence iscontinued.

†Division 3—Appeals

˙Appeal against local government’s decision

942.(1) An appeal tribunal for hearing and deciding appeals againstdecisions of a local government on an application is formed by the chiefexecutive of the department within which the Water Resources Act 1989 isadministered or that chief executive’s delegate.

(2) A person aggrieved by a decision of a local government on anapplication may appeal to an appeal tribunal.

(3) The appeal must be started within 30 days after the person aggrievedis given written notice of the decision.

(4) The appeal is started by the person filing a notice of appeal with thechief executive mentioned in subsection (1) and giving a copy of the noticeto the local government.

(5) As soon as practicable after the appeal is started, the chief executiveofficer of the local government must inform the chief executive mentionedin subsection (1) of the persons, other than the appellant, who made theapplication and who made submissions on the application.

(6) The person who is to form the appeal tribunal on the appeal mustinform the appellant, the local government, and the persons mentioned insubsection (5) of the day, time and place for hearing of the appeal.

˙Decision on appeal

943.(1) An appeal tribunal may—

(a) dismiss an appeal and confirm the decision of the local

s 944 561


s 946

government; or

(b) allow the appeal, set aside the decision of the local governmentand substitute the decision it considers should have been made onthe application.

(2) The decision of an appeal tribunal is taken to be the decision of thelocal government on the application.

(3) Section 940 (Issue of permit) does not apply to the issue of a permiton the decision of an appeal tribunal.

˙Duties of appeal tribunal

944. In hearing an appeal, the appeal tribunal—

(a) must observe natural justice; and

(b) must act as quickly as possible, and with as little formality andtechnicality, as is consistent with a fair and proper considerationof the issues.

˙Appeal tribunal may decide procedures

945.(1) An appeal is by way of rehearing.

(2) The appeal tribunal—

(a) is not bound by the rules of evidence; and

(b) may inform itself in any way it considers appropriate; and

(c) may decide the procedures to be followed in the appeal.

(3) However, the appeal tribunal must comply with this division and anyprocedural rules prescribed by regulation.

˙Appeal tribunal’s powers

946.(1) In hearing an appeal, the appeal tribunal may—

(a) act in the absence of a person who has been given reasonablenotice; and

(b) receive evidence on oath or by statutory declaration; and

s 947 562


s 949

(c) adjourn the appeal; and

(d) permit a document to be amended; and

(e) disregard any defect, error, omission or insufficiency in adocument.

(2) The appeal tribunal may administer an oath to a person appearing as awitness before the tribunal.

˙Representation before appeal tribunal

947. A party to an appeal may be represented by counsel, a solicitor or anagent appointed in writing.

˙Prosecution of appeal

948.(1) An appeal must be prosecuted diligently.

(2) An appeal tribunal may strike out an appeal if it considers theappellant is not prosecuting the appeal diligently.

(3) An appeal may be discontinued by the appellant by written noticegiven to the appeal tribunal and to the respondent.

˙Notice to witness

949.(1) The person forming the appeal tribunal may, by written noticegiven to a person, require the person to attend an appeal at a specified timeand place to give evidence or produce specified documents.

(2) A person who is given a notice must—

(a) attend as required by the notice; and

(b) continue to attend as required by the appeal tribunal until excusedfrom further attendance.


(3) A person required to appear as a witness before an appeal is entitledto the witness fees prescribed by regulation or, if no witness fees areprescribed, the reasonable witness fees decided by the appeal tribunal.

s 950 563


s 953

˙Duty of witness at appeal

950.(1) A person appearing as a witness at an appeal must not—

(a) fail to take an oath or make an affirmation when required by theappeal tribunal; or

(b) fail, without reasonable excuse, to answer a question the person isrequired to answer by the appeal tribunal; or

(c) fail, without reasonable excuse, to produce a document that theperson is required to produce by a notice under section 949(1)(Notice to witness).


(2) It is a reasonable excuse for a person to fail to answer a question orproduce a document if answering the question or producing the documentmight tend to incriminate the person.

˙Contempt of appeal tribunal

951. A person must not—

(a) insult the person forming the appeal tribunal in an appeal; or

(b) deliberately interrupt an appeal; or

(c) create or continue, or join in creating or continuing, a disturbancein or near a place where the appeal tribunal is conducting anappeal; or

(d) do anything that would be a contempt of court if the personforming the appeal tribunal were a judge acting judicially.


˙Change of person forming appeal tribunal

952. An appeal is not affected by a change in the person forming theappeal tribunal.

˙Costs of appeal

953.(1) An appeal tribunal may make an order for payment of costs of

s 954 564


s 955

an appeal as it considers just.

(2) Unless an appeal tribunal’s order states otherwise, costs ofproceedings on an appeal are on the scale applying to taxation of costs in theDistrict Court.

˙Recovery on orders of appeal tribunal

954.(1) An order of an appeal tribunal for payment of costs must be inwritten form and a copy of the order must be given to—

(a) the appellant or other person to whom an amount is ordered to bepaid; and

(b) the local government or other person by whom an amount isordered to be paid.

(2) A document purporting to be a copy of an order of an appeal tribunalfor payment of a stated amount of costs may be filed in the registry of acourt having jurisdiction in an action for debt in the amount stated in theorder, and enforced as an order of the court.

(3) If an order of an appeal tribunal for payment of costs does not statethe amount to be paid, the costs payable may be recovered by action in acourt of competent jurisdiction as a debt payable by the person by whomthe costs are ordered to be paid to the person to whose benefit the order wasmade.

†Division 4—Effect of part

˙Effect of part on legal rights and remedies

955. A permission given on an application under this part does not affecta right or remedy a person had about a levee bank the subject of thepermission.

s 957 565


s 957

†CHAPTER 14—RATES AND CHARGES

†PART 1—GENERAL

†Division 1—Rateable land

˙What land is rateable?

957.(1) All land is rateable land other than—

(a) vacant State land; and

(b) land occupied by the State or a government entity (other than anon-exempt GOC), except under a lease from a private person;and

(c) land in a state forest or timber reserve, other than land occupiedunder an occupation permit or stock grazing permit under theForestry Act 1959 or under a lease under the Land Act 1994; and

(d) Aboriginal land under the Aboriginal Land Act 1991 or TorresStrait Islander land under the Torres Strait Islander Land Act1991, other than land used for commercial or residentialpurposes; and

(e) the following land under the Transport Infrastructure Act 1994—

(i) strategic port land occupied by a port authority, the State, ora government entity;

(ii) existing or new rail corridor land;

(iii) commercial corridor land that is not subject to a lease; and

(f) land exempt from rating under an Act or a regulation made underthis Act.

(2) A regulation under subsection (1)(f) may, for example, exempt fromrating land used for religious, charitable, educational or public purposes.

(3) If part of a parcel of land mentioned in subsection (1)(d) is used forcommercial or residential purposes and another part (the “remainder”) ofthe parcel is used for other purposes, the remainder is not rateable land,

s 958 566


s 960

even though the other part of the parcel is rateable land.


“non-exempt GOC” means a GOC, or a subsidiary of a GOC, within themeaning of the Government Owned Corporations Act 1993 other thana GOC or subsidiary that is exempt from rating under an Act inrelation to the relevant land.

“private person” means a person other than the State or a governmententity.

†Division 2—Averaging of valuations


958. This division applies to the Brisbane City Council.

˙Local government may decide to average land values for ratingpurposes

959.(1) A local government may decide by resolution that, for thepurpose of making and levying rates for a financial year on rateable land inits area, the unimproved value of the land is to be its averaged value underthis division.

(2) The resolution must specify whether the averaged value must becalculated under section 960 (Averaging over 3 years) or section 961(Averaging over 2 years).

˙Averaging over 3 years

960.(1) If this section applies to a financial year, the averaged value ofrateable land for the financial year is the lesser of—

(a) the land’s effective value for the financial year; or

(b) the amount calculated as follows—

(i) if the land has effective values for the financial year and eachof the previous 2 financial years—the average of the3 effective values;

s 961 567


s 961

(ii) in any other case—an amount equal to the land’s effectivevalue for the financial year multiplied by the averagingfactor.

(2) In subsection (1)—

“averaging factor”, for a financial year, means the number calculated, to2 decimal places, using the formula—

T 3V

where—

“T” means the total of the effective values of all rateable land in thelocal government’s area for the financial year and the previous2 financial years.

“V” means the effective value of all rateable land in the localgovernment’s area for the financial year.

˙Averaging over 2 years

961.(1) If this section applies to a financial year, the averaged value ofrateable land for the financial year is the lesser of—

(a) the land’s effective value for the financial year; or

(b) the amount calculated as follows—

(i) if the land has effective values for the financial year and theprevious financial year—the average of the 2 effectivevalues;

(ii) in any other case—an amount equal to the land’s effectivevalue for the financial year multiplied by the averagingfactor.

(2) In subsection (1)—

“averaging factor”, for a financial year, means the number calculated, to2 decimal places, using the formula—

T 2V

where—

s 962 568


s 964

“T” means the total of the effective values of all rateable land in thelocal government’s area for the financial year and the previousfinancial year.

“V” means the effective value of all rateable land in the localgovernment’s area for the financial year.

˙Information available to calculate “averaging factor”

962. A local government may calculate the averaging factor using onlythe effective values of which it is aware at the time of making its resolution.

†PART 2—MAKING AND LEVYING RATES ANDCHARGES

˙Power to make and levy rates and charges

963.(1) A local government may, for a financial year, make and levy—

(a) a general rate or differential general rates; and

(b) minimum general rate levies; and

(c) separate rates and charges; and

(d) special rates and charges; and

(e) utility charges.

(2) A local government also may fix general charges.

˙Making of rates and charges

964. A rate or charge mentioned in section 963(1) (Power to make andlevy rates and charges) may only be made for a financial year by resolutionat the local government’s budget meeting for the year.

s 965 569


s 968

˙General rate or differential general rates must be made each year

965. A local government must make a general rate or differential generalrates for each financial year.

˙Differential general rate

966.(1) Before a differential general rate is made and levied, rateable landmust be categorised into 2 or more categories under part 3 (Categorisationof land for differential rating).

(2) A differential general rate made and levied on rateable land in acategory may be the same as or different to the differential general ratemade and levied on land in another category.

(3) If a local government makes and levies a differential general rate forrateable land for a financial year, the local government must not make andlevy a general rate for the land for the year.

(4) A differential general rate may be made and levied on a lot under acommunity titles Act as if it were a parcel of rateable land.

(5) To avoid doubt, it is declared that a differential general rate may bemade and levied on a lot included in a community titles scheme under theBody Corporate and Community Management Act 1997.

˙Minimum general rate levy

967.(1) A local government may identify rateable land for the purpose ofmaking and levying a minimum general rate levy in any way it considersappropriate.

(2) If a local government makes and levies a differential general rate, itmay make and levy different minimum general rate levies on rateable landin different categories.

˙Minimum general rate levy on time shared property

968.(1) This section applies to a local government levying a minimumgeneral rate levy on—

(a) rateable land where there is a structure wholly or partially subject

s 969 570


s 969

to a time share scheme; or

(b) a lot within the meaning of a community titles Act, or a lotincluded in a community titles scheme under the Body Corporateand Community Management Act 1997, where there is a structurewholly or partially subject to a time share scheme.

(2) The local government may decide that the minimum general rate levyis to be worked out using the formula—

L x RU

where—

“L” means the minimum general rate levy that would, apart from thissection, be payable for the rateable land or the lot.

“RU” means the number of units of the structure that are subject to the timeshare scheme and are available at any time for separate exclusiveoccupation.

˙Minimum general rate levy on mining tenements

969.(1) A local government may decide that the minimum general ratelevy on land mentioned in subsection (2) is different to the minimumgeneral rate levy on other rateable land in its area.

(2) Subsection (1) applies to rateable land if the land is—

(a) a mining claim; or

(b) a mining lease granted for mining for minerals of not morethan 2 ha; or

(c) a mining lease granted for a purpose associated with mining forminerals of not more than 4 ha.

(3) A local government also may decide that different minimum generalrate levies apply to—

(a) a mining claim of not more than 900 m2; and

(b) a mining claim of more than 900 m2; and

(c) a mining lease mentioned in subsection (2).

s 970 571


s 971

˙Unimproved value of mining claims

970. The unimproved value of a mining claim is—

(a) for a mining claim of not more than 900 m2—$150 or, if agreater amount is prescribed by regulation, the greater amount; or

(b) for a mining claim of more than 900 m2—$450 or, if a greateramount is prescribed by regulation, the greater amount.

˙Special rates and charges

971.(1) A local government may make and levy a special rate or chargeon rateable land if—

(a) the rate or charge is for a service, facility or activity; and

(b) in the local government’s opinion, the land has or will speciallybenefit from, or has or will have special access to, the service,facility or activity.

(2) The special rate or charge may be made and levied on the bases thelocal government considers appropriate.

(3) Without limiting subsection (2), the amount of the special rate orcharge may vary according to the extent to which, in the local government’sopinion, the land has or will specially benefit from, or has or will havespecial access to, the service, facility or activity.

(4) The local government’s resolution making the special rate or chargemust identify the rateable land to which the rate or charge applies.

(5) The local government may identify parcels of rateable land to whichthe rate or charge applies in any way it considers appropriate.

(6) Subsection (1) is taken to have been complied with if the special rateor charge is made and levied on—

(a) all rateable land that, at the time of making and levying the rate orcharge, could reasonably be identified as land on which the rate orcharge may be made and levied; or

(b) all rateable land on which the rate or charge may be made andlevied, other than land accidentally omitted.

(7) To remove any doubt, it is declared that a local government may

s 972 572


s 973

make and levy a special rate or charge under subsection (1) for a service,facility or activity whether or not the service, facility or activity is suppliedby the local government itself.

˙Separate rates and charges

972.(1) A local government may make and levy a separate rate or chargefor a service, facility or activity.

(2) To remove any doubt, it is declared that a local government maymake and levy a separate rate or charge for a service, facility or activitywhether or not the service, facility or activity is supplied by the localgovernment itself.

˙Utility charges

973.(1) A local government may make and levy a utility charge on—

(a) any land, whether vacant or occupied, and whether or not it israteable land; or

(b) a structure.

(2) A utility charge may be for—

(a) supplying water, gas or sewerage services; or

(b) occupied land or a structure—supplying cleansing services.

(3) A utility charge may be made and levied for supplying water orsewerage services while the facilities for supplying the services are beingconstructed.

(4) A utility charge may be made and levied on the bases a localgovernment considers appropriate.

(5) Without limiting subsection (4), the amounts of utility charges maydiffer on the basis of—

(a) the use made of particular land, or a particular structure or a classof land or structure; or

(b) the unimproved value of particular land; or

(c) any other circumstances peculiar to the supply of the relevant

s 973 573


s 973

service to particular land, a particular structure or a class of landor structure.

(6) To remove any doubt, it is declared that a local government maymake and levy a utility charge for a service whether or not the service issupplied by the local government itself.

(7) A local government may, and it is declared always could from thecommencement of this section, do 1 or more of the following—

(a) make and levy a utility charge for services supplied or to besupplied during part of the financial year and part of anotherfinancial year;

(b) make and levy differing charges for services supplied or to besupplied during various periods in 1 or more financial years;

(c) in making and levying differing charges under paragraph (b),decide the way the charges are to be apportioned.

Examples of application of subsection (7)—

1. For water used between 30 April 1998 and 31 July 1998, the local governmentmay resolve to charge—

(a) for water used (as measured) during the period 30 April 1998 to 31 July1998 on the basis of the charge made at the budget meeting for the1997-1998 financial year; or

(b) for water used (as measured) during the period 30 April 1998 to 31 July1998 on the basis of the charge made at the budget meeting for the1998-1999 financial year; or

(c) for—

(i) water used (as measured) during the period 30 April 1998 to 30 June1998 on the basis of the charge made at the budget meeting for the1997-1998 financial year; and

(ii) water used (as measured) during the period 1 July 1998 to 31 July1998 on the basis of the charge made at the budget meeting for the1998-1999 financial year; or

(d) an apportioned charge for water used during the 2 periods (30 April 1998to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of—

(i) the total amount of water used (as measured) during the period30 April 1998 to 31 July 1998—93 days—being apportioned to eachperiod according to the respective lengths of the periods—62 daysand 31 days respectively; or

s 973 574


s 973

(ii) another basis set out in the resolution.

2. The local government may resolve to charge for water supplied between 1 July1998 and 30 June 1999—

(a) for the period 1 July 1998 to 28 February 1999—a flat charge of $300 withan excess charge of $1 per kL of water used greater than 350 kL; and

(b) for the period 1 March 1999 to 30 June 1999—an amount based on theactual consumption of water during the period.

(8) Despite subsection (7) a local government must not for a financialyear make and levy a utility charge for services supplied or to be suppliedother than in that, the previous or the next financial year.

(9) Charges made and levied in accordance with a decision undersubsection (7) are lawfully made and levied under this Act.

(10) Subsections (7) to (9) apply despite the reference in sections 963and 964198 to the making and levying of rates and charges for a financialyear.

(11) If—

(a) a meter or other measuring device is to be read on a particular dayfor working out the amount of a charge to be levied by a localgovernment for a service; and

(b) the local government resolves to apply this subsection to thereading of meters or other measuring devices;

it is taken to have been read on that day if it is read within a period of2 weeks before or after that day.


If a local government resolves to apply this subsection to the supply of water thatis to be charged on the basis of usage for a period ended 30 April and a meter is readon 10 May, that reading is taken to be the reading at 30 April for the purposes ofcalculating the water usage during the period.

(12) Subsection (11) does not restrict a local government’s power tomake local laws relating to other aspects of the administration of meteredconsumption for a utility service.

198 Sections 963 (Power to make and levy rates and charges) and 964 (Making ofrates and charges)

s 974 575


s 975


A local law may be made to provide for water consumption to be estimated on thebasis of the best information reasonably available if a water meter is found to bemalfunctioning or inoperative during any period of consumption.

˙General charges

974.(1) A local government may, by local law or resolution, fix chargesfor services and facilities supplied by it, including for example—

(a) supplying an entitlement, facility, service or thing; or

(b) giving an approval, consent, licence, permission or registration; or

(c) giving information; or

(d) admitting a person to a structure or place; or

(e) receiving an application; or

(f) recording a change of ownership.

(2) A charge mentioned in subsection (1) is a general charge.

(3) A local government may fix a general charge by resolution despitethe fact that a corresponding charge had previously been fixed by local law.

˙Register of charges

975.(1) A local government must keep a register of its general charges.

(2) The register is open to inspection.

s 976 576


s 978

†PART 3—CATEGORISATION OF LAND FORDIFFERENTIAL RATING

†Division 1—Categorisation of land

˙Land must be categorised for differential general rates

976. A local government may make and levy a differential general ratefor a financial year only if all the rateable land in its area has beencategorised under this part.

˙Establishing criteria and categories

977. Before making and levying a differential general rate for a financialyear, a local government must decide by resolution—

(a) the categories into which rateable land in its area is to becategorised; and

(b) the criteria by which land is to be categorised.

˙Identification of categories for parcels of land

978.(1) After the categories and criteria have been decided, all rateableland in the local government’s area must be categorised by—

(a) the local government identifying the category in which each parcelof rateable land is included; or

(b) the valuation authority, at the local government’s request,identifying the category in which each parcel of rateable land isincluded.

(2) If the valuation authority identifies the category in which a parcel ofrateable land is included, the valuation authority must give written notice tothe local government of the category of the parcel.

(3) If the valuation authority cannot identify the category in which aparcel of rateable land is included, the valuation authority must give writtennotice to the local government.

s 979 577


s 981

(4) The category in which a parcel of rateable land is included may beidentified in any way the valuation authority or local government considersappropriate.

˙Specification of categories for parcels of land

979.(1) If a local government resolves to make and levy a differentialgeneral rate, the resolution must specify the categories in which rateableland is to be included.

(2) The rateable land included in a category may be identified in any waythe local government considers appropriate.

(3) The accidental omission from categorisation of parcels of rateableland does not prevent the making and levying of the differential general rate.

†Division 2—Entry on land for categorisation

˙Meaning of “authorised person” for division


“authorised person” means—

(a) a person authorised by a local government for this division; or

(b) the valuation authority; or

(c) a person authorised by the valuation authority for this division; or

(d) a member of the Land Court; or

(e) a person authorised by a member of the Land Court for thisdivision.

˙Purposes for which powers may be exercised

981. An authorised person may exercise the powers mentioned insection 982 (Power of entry) only for the purpose of—

(a) deciding the categories into which rateable land in a localgovernment area is to be categorised or the criteria by which it isto be categorised; or

s 982 578


s 983

(b) identifying the category in which a parcel of rateable land shouldbe included; or

(c) deciding an objection or appeal about the categorisation of land.

˙Power of entry

982.(1) An authorised person may—

(a) enter on land at any reasonable time; and

(b) inspect the land and the uses made of the land; and

(c) do anything reasonable and necessary to exercise powers underparagraphs (a) and (b).

(2) Before entering on the land, the authorised person must—

(a) obtain the agreement of the occupier or, if there is no occupier, anowner of the land; or

(b) give at least 14 days notice to the person mentioned inparagraph (a) of—

(i) the person’s intention to enter on the land; and

(ii) the proposed purpose in entering on the land; and

(iii) the day and time when the person proposes to enter the land.

(3) In exercising a power under subsection (1), an authorised personmust take all reasonable steps to ensure the person causes as littleinconvenience, and does as little damage, as is practicable.

†Division 3—Notice of categorisation

˙Notice to owner of categorisation

983.(1) If a local government resolves to make and levy a differentialgeneral rate on land, a rate notice given to the owner of the land mustcontain, or be accompanied by, a statement that complies withsubsection (2).

(2) The statement must—

s 984 579


s 984

(a) specify the categories of rateable land in its area (the “ratingcategories”) and the criteria by which land is categorised; and

(b) specify the rating category in which the owner’s land is included;and

(c) inform the owner—

(i) whether the rating category in which the land is included wasidentified by the local government or valuation authority (the“decision maker”); and

(ii) that the owner may object to the categorisation of the land bygiving to the decision maker notice of objection, in the formapproved by the decision maker, within 30 days after thedate of issue of the rate notice or any further period thedecision maker allows; and

(iii) that the sole ground on which the owner may object is that,having regard to the criteria decided by the local governmentby which rateable land is categorised, the land should havebeen included, as at the date of issue of the rate notice, inanother of the rating categories; and

(iv) that giving a notice of objection will not, in the meantime,affect the levy and recovery of rates; and

(v) that, if the owner’s land is included in another ratingcategory because of the objection, an adjustment of rates willbe made.

†Division 4—Objections and appeals

˙Owner’s objection to categorisation

984.(1) An owner of rateable land categorised under division 1(Categorisation of land) may object to the categorisation of the land on thesole ground that, having regard to the criteria decided by the localgovernment by which rateable land is categorised, the land should havebeen included, as at the date of issue of the relevant rate notice, in anotherrating category.

(2) The objection must be made by giving notice of the objection to the

s 985 580


s 986

decision maker.

(3) The notice of the objection must—

(a) be given within 30 days after the date of issue of the rate notice orany further period the decision maker allows; and

(b) be in the form approved by the decision maker; and

(c) nominate the rating category in which the owner claims the landshould have been included; and

(d) specify the facts and circumstances on which the claim is based.

˙Decision on owner’s objection

985.(1) If the owner of rateable land objects to the categorisation of theland, a person authorised by the decision maker for the purpose must—

(a) consider the categorisation of the land; and

(b) consider the facts and circumstances on which the claim is based.

(2) The person may—

(a) allow the objection; or

(b) disallow the objection; or

(c) decide that the land should be included in another rating category.

(3) The person must decide the objection, and give written notice of thedecision to the owner, within 60 days after the end of the period withinwhich the objection had to be made.

(4) The notice must include the reasons for the decision.

˙Effect of decision on objections

986.(1) Unless it is set aside on appeal, the decision on an objection tothe categorisation of land has effect under this section.

(2) If the decision allows the objection, the land is taken to be included,for the period for which the relevant rate notice is issued, in the categorynominated by the objector in the notice of objection.

(3) If the decision disallows the objection, the land continues to be

s 987 581


s 989

included in the category specified in the relevant rate notice.

(4) If the decision is that the land should be in another rating category, theland must be included in the category for the period for which the relevantrate notice is issued.

˙Right of appeal against decision

987. If the owner of rateable land is aggrieved by—

(a) the decision on an objection to the categorisation of the land; or

(b) the failure by the decision maker to allow a further period to givea notice of objection;

the owner may appeal to the Land Court against the decision or failure.

˙Where and how to start appeal

988.(1) The appeal must be started by filing a notice of appeal in theLand Court registry.

(2) The notice of appeal must—

(a) be filed within 30 days after the owner received notice of thedecision or failure; and

(b) be in a form approved by the Land Court.

(3) The owner must give a copy of the notice of appeal to the decisionmaker within 7 days after the notice of appeal is filed in the Land Courtregistry.

(4) Failure to comply with subsection (3) does not affect the making ofthe appeal or the jurisdiction of the Land Court to decide the appeal, butcosts of any adjournment caused by the failure may be awarded against theowner of the land.

˙Constitution and procedure of Land Court

989.(1) When exercising jurisdiction in an appeal under this division, theLand Court—

(a) is constituted by 1 member; and

s 990 582


s 992

(b) may sit in chambers; and

(c) is not bound by rules of evidence.

(2) The appeal must be conducted as directed by the Land Court with aview to its prompt disposal.

˙Decision on appeal by Land Court

990.(1) In deciding an appeal against a decision on an objection to thecategorisation of land, the Land Court may—

(a) set aside the decision and decide that the land should be includedin a different rating category; or

(b) disallow the appeal.

(2) In deciding an appeal against a failure to allow a further period to givea notice of objection, the Land Court may—

(a) allow a further period to give the notice; or

(b) disallow the appeal.

(3) If the Land Court sets aside the decision on the objection, the land istaken to be included in the category decided by the Land Court for theperiod for which the relevant rate notice is issued.

˙Levy and recovery of rate unaffected by objection or appeal

991. The making of an objection, or the starting of an appeal, about thecategorisation of land does not affect the levy and recovery of rates on theland.

†Division 5—Late categorisation

˙Late categorisation

992. If rateable land in a local government area has been categorisedand—

(a) the decision maker is later satisfied, having regard to the criteriadecided by the local government, that the land should be included

s 993 583


s 994

in a different rating category; or

(b) rateable land is not categorised by the decision maker because ofaccidental omission; or

(c) land later becomes rateable land; or

(d) land that was included in 2 or more parcels of rateable land, eitherin the same rating category or different rating categories, is lateramalgamated into a single parcel;

the decision maker must decide that the land should be included in aspecified rating category.

˙Time of effect of late categorisation

993. A decision under section 992 (Late categorisation) has effect—

(a) if the decision is made because of section 992(a)—for rates leviedafter the decision is made; or

(b) if the decision is made because of section 992(b)—from the startof the relevant financial year; or

(c) if the decision is made because of section 992(c)—from when theland became rateable land; or

(d) if the decision is made because of section 992(d)—from the dayof registration in the office of the registrar of titles of the surveyplan of the amalgamation.

†PART 4—LAND RECORD OF LOCALGOVERNMENT

†Division 1—Land record

˙Land record to be kept

994.(1) A local government must keep a record of every parcel of

s 995 584


s 997

rateable land in its area.

(2) A land record must comply with the regulations.

˙Land record open to inspection

995.(1) A land record is open to inspection.

(2) A person may inspect particulars of land in a land record free ofcharge if the person is, or is the agent of a person who is—

(a) an owner, lessee or occupier of the land; or

(b) an owner, lessee or occupier of adjoining land.

(3) For the purposes of subsection (2), the appointment of an agent mustbe evidenced in writing.

(4) A person may otherwise inspect a land record on payment of the feedecided by the local government.

˙Amendment of land record

996.(1) The chief executive officer of a local government must ensure theparticulars contained in its land record are amended whenever necessary tomake the record comply with the regulations.

(2) If an amendment of a land record (other than an amendment madebecause of a general valuation of all rateable land in a local government areaby the valuation authority) changes a rate that is or may be levied on land,the chief executive officer of the local government must immediately givewritten notice of the amendment to the owner of the land.

˙Resolution to remove valueless land from land record

997.(1) A reference to a particular parcel of rateable land in the landrecord of a local government may be removed, on the local government’sresolution, if—

(a) rates levied on the land by the local government for at least3 years are overdue; and

(b) the overdue rates total more than the unimproved value of theland; and

s 998 585


s 1000

(c) the land is considered to be—

(i) valueless; or

(ii) of so little value that, if offered for sale, it would not realisethe overdue rates.

(2) If a local government resolves to remove a reference to rateable landfrom its land record, the local government must acquire the land underpart 7 (Recovery of rates), division 4 (Acquisition by local government ofvalueless land).

(3) This section does not apply to an interest in land held on a tenure thatprohibits a corporation from holding an interest in the land.

˙Restoration of valueless land to land record

998. If—

(a) a local government gives a notice of intention to acquire landunder section 1052(1) (Local government must first give notice);and

(b) before the end of 6 months after the giving of the notice to theowner of the land, the overdue rates for the land are paid to thelocal government;

the local government must restore reference to the land in the land record.

†Division 2—Appeal against amendment of land record

˙Right of appeal

999. A person aggrieved by an amendment of a land record, other than aremoval of land under section 997 (Resolution to remove valueless landfrom land record), may appeal to a Magistrates Court against theamendment.

˙Where and how to start appeal

1000.(1) An appeal must be made to the Magistrates Court nearest therelevant land.

s 1001 586


s 1003

(2) The appeal is started by—

(a) filing a written notice of appeal with the clerk of the court of theMagistrates Court; and

(b) giving a copy of the notice to the chief executive officer of thelocal government.

(3) The notice must state the grounds of the appeal.

˙Hearing procedures

1001.(1) The power to make rules of court under the Magistrates CourtsAct 1921 includes power to make rules of court for appeals to MagistratesCourts under this division.

(2) The procedure for an appeal to a Magistrates Court under thisdivision is to be—

(a) in accordance with the rules made under the Magistrates CourtsAct 1921; or

(b) in the absence of relevant rules, as directed by a magistrate.

(3) In deciding the appeal, the Magistrates Court—


(b) must observe natural justice; and

(c) may hear the appeal in court or in chambers.

˙Powers of Magistrates Courts on appeal

1002. In deciding the appeal, the Magistrates Court may—

(a) confirm the amendment; or

(b) set aside the amendment and order the particulars previouslycontained in the land record be restored.

˙Appeal to District Court on question of law only

1003. A party aggrieved by a decision of the Magistrates Court mayappeal to a District Court, but only on a question of law.

s 1004 587


s 1006

†Division 3—Notices of change in ownership

˙Notice of sale of land


“vendor”, for land that has been sold, means the person who was theland’s owner immediately before its sale.

(2) If land is sold, the vendor must give the local government concernedwritten notice of the sale within 30 days after it happens.

(3) The vendor complies with subsection (2) if—

(a) the notice is given by the vendor’s agent in the sale; or

(b) the vendor (or the vendor’s agent in the sale)—

(i) properly completes a combined form for the sale; and

(ii) files the form, together with the instrument of transfer of theland, with the registrar of titles within 30 days after the sale.

˙Notice of surrender or forfeiture to State

1005.(1) A person who surrenders land, or an entitlement to occupy oruse land, to the State must give to the local government written notice of thesurrender within 30 days after the instrument of surrender is signed.

(2) If land, or an entitlement to occupy or use land, is forfeited to theState, written notice of the forfeiture must be given to the local government,within 30 days after the forfeiture takes effect—

(a) for a forfeiture by action of the State—by the State; or

(b) in any other case—by the person who makes the forfeiture.

(3) A notice under subsection (1) or (2) must state the description of theland.

˙Notice of change in ownership


“required person”, for land whose ownership has changed, means the

s 1007 588


s 1007

person who was the land’s owner immediately before the change.

(2) If ownership of any land in a local government area changes, exceptas mentioned in section 1004 (Notice of sale of land) or 1005 (Notice ofsurrender or forfeiture to State), the required person must give writtennotice of the change to the local government within 30 days after the changehappens.

(3) The notice must specify—

(a) the date of the change; and

(b) the nature of the change; and

(c) the description of the land; and

(d) the full name and address of the land’s owner before the change;and

(e) the full name and address of the land’s owner after the change.

(4) The required person complies with subsection (2) if the notice isgiven by the person’s agent in dealing with the land.

˙Result of failure to give notice of change in ownership

1007. If written notice is not given as required by a section of thisdivision (other than under section 1005(2)(a) (Notice of surrender orforfeiture to State)), the person who was owner of the land immediatelybefore the change in ownership—

(a) is liable for payment of all rates levied on the land, and all interestaccrued, before the notice is given to the local government, as ifno change in ownership had happened; and

(b) commits an offence.


s 1008 589


s 1008

†PART 5—LEVYING AND PAYMENT OF RATES

†Division 1—Levying of rates

˙Levying rates

1008.(1) A rate may be levied only by a rate notice given to—

(a) for a utility charge on a structure or land that is not rateableland—the person at whose request the service is supplied; and

(b) in any other case—the owner of the land on which the rate islevied.

(2) A rate notice must specify the date of its issue.

(3) A rate must be levied—

(a) for a utility charge for supply of a water or gas service based onthe quantity of water or gas supplied during a period as calculatedby measurement at intervals—at the intervals the localgovernment considers appropriate; and

(b) in any other case—for the whole, a half or a quarter of therelevant financial year, as the local government considersappropriate.

(4) Except for a charge mentioned in subsection (3)(a), rates must belevied on all persons liable to pay them for the same period of a financialyear.


“person” includes—

(a) for a utility charge under subsection (1)(a)—any of thefollowing—

(i) the Commonwealth;

(ii) a Commonwealth instrumentality, agency, authority orentity;

(iii) a division, branch or other part of a Commonwealth

s 1009 590


s 1012

instrumentality, agency, authority or entity; and

(b) in all cases—the State and a government entity.

˙Rate may be levied or adjusted after end of financial year

1009. A local government may, in a financial year, levy a rate, or adjust arate levy, even though its resolution for making the rate was made for anearlier financial year.

†Division 2—Payment of rates

˙Person who is liable to pay rate

1010.(1) The owner for the time being of land is liable to pay a ratelevied by a local government on the land.

(2) The person at whose request a service is supplied to a structure orland that is not rateable land is liable to pay a rate levied by a localgovernment for supplying the service.

(3) If there is more than 1 owner or other person liable to pay a rate, allthe owners or other persons are jointly and severally liable.


“person” has the same meaning as in section 1008 (Levying rates).

˙Liability to pay rate if change of ownership

1011. A local government may recover the whole amount of a ratepayable for rateable land from the owner for the time being of the land.

˙Continuing responsibility for rates on land that ceases to be rateableland

1012.(1) This section applies to land that ceases to be rateable landbecause of—

(a) termination of the tenure of a holding; or

(b) surrender or forfeiture of the land to the State; or

s 1013 591


s 1015

(c) acquisition of the land by the State or the Commonwealth; or

(d) exemption of the land from rating; or

(e) the property description of the land ceasing to exist.

(2) The owner of the land immediately before it ceased to be rateable landis taken to continue as the owner of the land, and the land is taken tocontinue to be rateable land, for the levy, collection or refund of a rate on theland for any period before it ceased to be rateable land.

˙Where rates can be paid

1013.(1) A rate is payable at the local government’s public office.

(2) Payment of a rate may be accepted at—

(a) another place used by the local government to receive ratepayments; or

(b) a place of business of a person appointed by the local governmentto receive rate payments.

˙Time within which rates must be paid

1014.(1) A local government must specify on a rate notice whether therate must be paid within 30 days or 60 days after the day the notice isissued.

(2) A person liable to pay a rate must pay the rate within the specifiedtime.

˙Payment by instalments

1015.(1) At its budget meeting, a local government may resolve that arate may be paid by instalments on the terms specified in the resolution.

(2) The terms may provide for payment of a premium.

(3) The terms may provide, if an instalment is not paid by the last day ofthe period identified in the resolution as the period within which the amountof the instalment is payable, for 1 or more of the following—

s 1016 592


s 1016

(a) on the default day, for division 3199—

(i) the unpaid instalment becomes an overdue rate; or

(ii) the unpaid instalment and all remaining instalments becomean overdue rate;

(b) the unpaid instalment, or the unpaid instalment and all remaininginstalments, may bear interest as an overdue rate from the defaultday or a later day decided by the local government undersection 1018.200

(4) For subsection (3)—

“default day” means the day after the last day of the period identified in theresolution as the period within which the amount of the instalment ispayable.

†Division 3—Overdue rates

˙Meaning of “overdue rate”

1016. An “overdue rate” is the amount of a rate payable to a localgovernment that remains unpaid at the end of the period specified in the ratenotice as the period within which the amount of the rate is payable,(including any amount of interest on the rate under section 1018 (Overduerates may bear interest)), but does not include the amount of a rate (otherthan amounts that, by terms under section 1015, 1031 or 1032, become anoverdue rate) if the amount is being paid under—

(a) the terms specified in a resolution under section 1015 (Paymentby instalments); or

(b) the terms of an arrangement under section 1031 (Remission,composition and settlement of rates); or

(c) the terms of an arrangement under section 1032 (Deferral ofliability to pay rates).

199 Division 3 (Overdue rates)

200 Section 1018 (Overdue rates may bear interest)

s 1017 593


s 1019

˙Recovery of overdue rates

1017. A local government may recover an overdue rate as a debt payableby the person liable under this part to pay the rate.

˙Overdue rates may bear interest

1018.(1) An overdue rate bears interest—

(a) at the percentage decided by the local government; and

(b) after it becomes an overdue rate, from the day decided by thelocal government.

(2) The amount of interest is calculated—

(a) on daily rests, applying the interest as compound interest; or

(b) if an equal or lower amount will be obtained—in the way decidedby the local government.

(3) The rate of interest must not be more than—

(a) the percentage prescribed by regulation; or

(b) if no percentage is prescribed—15% a year.

(4) A decision of the local government about the rate of interest, and thedate from which an overdue rate bears interest, must apply equally to alloverdue rates.

†Division 4—Discounts and other benefits for prompt payment of rates

˙Discount for payment within 30 days

1019.(1) If the full amount of a rate is paid within 30 days after the dateof issue of the relevant rate notice, a local government may allow adiscount.

(2) The discount must be a percentage of the rate that is not more than—

(a) the percentage prescribed by regulation; or

(b) if no percentage is prescribed—15%.

s 1020 594


s 1024

˙Discount for payment within 60 days

1020.(1) If the full amount of a rate is paid after 30 days, but within60 days, after the date of issue of the relevant rate notice, a local governmentmay allow a discount.

(2) The discount must not be more than 50% of the discount it hasdecided to allow for payment within the 30 days.

˙Discount when special circumstances prevent prompt payment

1021. A local government may allow a discount on a rate undersection 1019 (Discount for payment within 30 days) or 1020 (Discount forpayment within 60 days) if the local government is satisfied that the personliable to pay the rate was prevented, by circumstances beyond the person’scontrol, from paying the rate within the period required by the section.

˙No discount if other rates are overdue

1022. A discount is not allowable for a rate levied on land if there areother overdue rates for the land.

˙Other benefits for prompt payment

1023. A local government may give, or join in giving, benefits (otherthan discounts) as inducements for the prompt payment of rates.

†Division 5—Changes to land that affect rates

†Subdivision 1—General

˙Different period starts on day of change

1024. For this division, the period after a change is taken to start on theday the change happens.

s 1025 595


s 1027

˙Basis on which a rate is levied

1025.(1) Despite subdivision 2 (Changes affecting rates), a localgovernment may levy a rate on rateable land on the basis of the relevantinformation of which it has been notified on or before the day it levies therate.

(2) However, if a change mentioned in subdivision 2 happens,section 1026 (Rate levied for a period in which a change takes effect)applies.

˙Rate levied for a period in which a change takes effect


(a) a local government becomes aware that a change has happened towhich a section of subdivision 2 applies; and

(b) a rate has already been levied on the relevant land for the period inwhich the change takes effect.

(2) The local government must adjust the rate in accordance with thesection.

(3) If the owner or occupier has already paid the rate at the time it isadjusted, the local government—

(a) if the amount of the rate has decreased—must refund the overpaidamount; or

(b) if the amount of the rate has increased—may recover theunderpaid amount.

†Subdivision 2—Changes affecting rates

˙Change in unimproved value of land

1027.(1) This section applies if the unimproved value of rateable landchanges.

(2) A rate levied on the land after the change must be calculated on thebasis of—

(a) for the period before the change—the previous unimproved value;

s 1028 596


s 1030

and

(b) for the period after the change—the new unimproved value.

˙Land becomes or ceases to be rateable land

1028.(1) This section applies if land becomes or ceases to be rateableland.

(2) A rate levied on the land after the change must be calculated only onthe proportion of the relevant period for which the land was rateable land.

˙Land included in a new rating category

1029.(1) This section applies if land is included in a rating category underany of the following sections—

• section 986 (Effect of decision on objections)

• section 990 (Decision on appeal by Land Court)

• section 992 (Late categorisation).

(2) A rate levied on the land after its inclusion must be calculated on thebasis of—

(a) for the period before the inclusion—any previous categorisationthat applied to the land; and

(b) for the period after the inclusion—the new rating category.

˙Entitlement to occupy land is ended


(a) a person is entitled to occupy land—

(i) that is a holding; or

(ii) under a licence or permission given by the State; and

(b) the person loses the entitlement because of expiry, surrender orforfeiture of the relevant lease, licence or permission, or for someother reason.

s 1031 597


s 1031

(2) A rate levied on the land must be calculated only on the proportion ofthe relevant period for which the person was entitled to occupy the land.

†PART 6—CONCESSIONS

˙Remission, composition and settlement of rates

1031.(1) A local government may—

(a) remit the whole or a part of unpaid rates; or

(b) accept a composition or another arrangement for unpaid rates.

(2) If land for which unpaid rates are owing is free of encumbrance, thelocal government may accept a transfer to it of the land in full or partsettlement of an owner’s liability for the rates.

(3) The terms of an arrangement may provide for 1 or more of thefollowing, if an amount identified in the arrangement is not paid by the lastday of the period specified in the arrangement as the period within whichthe amount is payable—

(a) on the default day, for part 5, division 3201—

(i) the unpaid amount becomes an overdue rate; or

(ii) the unpaid amount and all other amounts (the “remainingamounts”) payment of which is provided for under thearrangement and which have not been paid become anoverdue rate;

(b) the unpaid amount, or the unpaid amount and all remainingamounts, may bear interest as an overdue rate from the defaultday, or a later day decided by the local government, undersection 1018.202


201 Part, 5, division 3 (Overdue rates)


s 1032 598


s 1032

“default day” means the day after the last day of the period specified in thearrangement as the period within which the amount is payable.

(5) This section is subject to the following sections—

• section 1033 (Resort to remission, composition, settlement ordeferral requires justification)

• section 1035 (Conditions on exercise of concession powers).

˙Deferral of liability to pay rates

1032.(1) A local government may enter into an arrangement to deferpayment of a rate until a specified time.

(2) The deferment may be for the lifetime of an owner of the land if theowner is a pensioner.

(3) The arrangement may provide for payment of a premium because ofdeferment.

(4) The terms of an arrangement may provide for 1 or more of thefollowing, if an amount identified in the arrangement is not paid by the lastday of the period specified in the arrangement as the period within whichthe amount is payable—

(a) on the default day, for part 5, division 3203—

(i) the unpaid amount becomes an overdue rate; or

(ii) the unpaid amount and all other amounts (the “remainingamounts”) payment of which is provided for under thearrangement and which have not been paid become anoverdue rate;

(b) the unpaid amount, or the unpaid amount and all remainingamounts, may bear interest as an overdue rate from the defaultday, or a later day decided by the local government, undersection 1018.204


203 Part 5, division 3 (Overdue rates)


s 1033 599


s 1033

“default day” means the day after the last day of the period specified in thearrangement as the period within which the amount is payable.

(6) This section is subject to the following sections—

• section 1033 (Resort to remission, composition, settlement ordeferral requires justification)

• section 1035 (Conditions on exercise of concession powers).

˙Resort to remission, composition, settlement or deferral requiresjustification

1033.(1) A local government may exercise a power under section 1031(Remission, composition and settlement of rates) or 1032 (Deferral ofliability to pay rates) only if—

(a) it resolves that the case justifies the exercise of the power; or

(b) the case is of a kind that has been accepted, by resolution of thelocal government, as justifying the exercise of the power.

(2) However, the only circumstances or factors justifying the exercise ofthe power are—

(a) that an owner of the land concerned is—

(i) a pensioner; or

(ii) an entity whose objects do not include the making of profit;or

(iii) an entity that provides assistance or encouragement for thearts or cultural development; or

(b) that payment of the rate would cause the owner of land hardship;or

(c) the assistance or encouragement of economic development of thewhole or part of the area; or

(d) the preservation, restoration or maintenance of structures orplaces of cultural, environmental, historic, heritage or scientificsignificance to the local government’s area; or

(e) circumstances and factors prescribed by regulation.

s 1034 600


s 1035

˙Remission for occupancy by pensioners

1034.(1) A local government may remit, wholly or partially, the paymentof a rate if the land is occupied, but not owned, only by pensioners or bypensioners and other persons.

(2) If the land is occupied only by pensioners, the local government mayremit the payment of a rate only if the owner of the land has given a bindingundertaking to the local government that the benefit of the remission will beextended to each pensioner.

(3) If land is occupied by pensioners and other persons, the localgovernment may remit the payment of a rate only—

(a) for the part of the rate that, in its opinion, is fairly attributable tothe parts of the land where a pensioner has rights to exclusiveoccupancy; and

(b) if the owner of the land has given a binding undertaking to thelocal government that the benefit of the remission will beextended to each pensioner.

(4) This section is subject to section 1035 (Conditions on exercise ofconcession powers).

˙Conditions on exercise of concession powers

1035.(1) This section applies to a power under any of the followingsections—

• section 1031 (Remission, composition and settlement of rates)

• section 1032 (Deferral of liability to pay rates)

• section 1034 (Remission for occupancy by pensioners).

(2) A local government may exercise the power—

(a) only on application of the owner of the land concerned, made inthe form and way approved by the local government; and

(b) for—

(i) a period resolved by the local government; or

(ii) without limit of time while the owner continues to be eligiblefor the benefit conferred by the exercise of the power.

s 1036 601


s 1038

˙Limitation of increase in rate levied

1036.(1) When a local government resolves to make and levy a rate, italso may resolve that, for all or stated classes of land, the amount levied willnot be more than—

(a) the amount of the rate levied for the previous financial year; or

(b) the amount of the rate levied for the previous financial yearincreased by a specified percentage.

(2) The resolution may specify different percentages for—

(a) different land or classes of land; or

(b) different rates.

†PART 7—RECOVERY OF RATES

†Division 1—Extended application of part

˙Application of part to Brisbane City Council

1037. This part applies to the Brisbane City Council.

†Division 2—Recovery of overdue rates

˙Recovery by court action

1038.(1) Overdue rates may be recovered—

(a) by a proceeding in a Magistrates Court on the complaint of aperson authorised by the local government for the purpose; or

(b) by a proceeding for debt brought in a court of competentjurisdiction by the local government.

(2) A person against whom an order for payment of an amount is madein a proceeding under subsection (1) is not liable to imprisonment ondefault.

s 1039 602


s 1041

(3) An unsatisfied order or judgment made in a proceeding by or for alocal government for recovery of an amount from a person is not a bar torecovery of the amount from any other person who is liable to pay theamount.

†Division 3—Sale of land for overdue rates


1039. This division applies if an overdue rate has remained unpaid for3 years or, for a mining claim, 3 months.

˙Power of sale

1040.(1) The local government may, under this division, sell the land onwhich the rate was levied.

(2) However, the local government may not sell land if the liability of theowner of the land to pay the overdue rate is the subject of a proceedingpending in a court.

(3) A decision to sell the land may only be made by resolution.

(4) This section is also subject to section 1056 (Restrictions on localgovernment dealing with land).

˙Local government must first give notice

1041.(1) As soon as practicable after a local government decides to sellland under this division, it must give the information mentioned insubsection (2), in writing, to—

(a) the owner of the land; and

(b) each encumbrancee, lessee or trustee who has given written noticeto the local government of the person’s interest in the land.

(2) The information is—

(a) notice of intention to sell the land; and

(b) the provisions, or a general outline of the provisions of, the

s 1042 603


s 1043

following sections—

• section 1042 (Starting and ending of sale procedures)

• section 1043 (Procedures for sale)

• section 1044 (Reserve price at auction)

• section 1045 (Sale by agreement after auction)

• section 1046 (Unsold land acquired by local government)

• section 1047 (Application of proceeds of sale).

(3) The notice of intention to sell must comply with a regulation that maybe made for this section.

˙Starting and ending of sale procedures

1042.(1) The local government must start the procedures for selling theland within the required period after giving the notice of intention to sell,unless the amount of all overdue rates levied on the land has been paid to it.

(2) The required period is from 3 to 6 months after giving the notice or,for a mining claim, 1 to 6 months after giving the notice.

(3) The local government may only end, and must end, procedures forselling the land if the amount of all overdue rates levied on the land, and allexpenses incurred by it for the intended sale, are paid to it.

˙Procedures for sale

1043.(1) Land intended for sale under this division must first be offeredfor sale by auction.

(2) The local government must prepare a notice containing—

(a) the time and place of the proposed auction; and

(b) a full description of the land.

(3) At least 14 days but not more than 21 days before the day of theproposed auction, the local government must—

(a) advertise the notice in a newspaper circulating generally in itsarea; and

s 1044 604


s 1044

(b) attach a copy of the notice to a conspicuous part of the land; and

(c) give a copy of the notice to—

(i) the owner of the land; and

(ii) each encumbrancee, lessee and trustee who has given writtennotice to the local government of the person’s interest in theland.

(4) On the day it complies with subsection (3)(a), the local governmentmust place a copy of the notice on display in a conspicuous place at itspublic office.

(5) The notice must be kept on display until the day of the auction.

(6) If the land is a lot under a community titles Act the copy mentionedin subsection (3)(b) may be attached to a conspicuous part of the commonproperty for the lot if it is not practicable to attach it to a conspicuous part ofthe lot.

(7) If, under the Body Corporate and Community Management Act1997, the land is a lot included in a community titles scheme(“scheme A”), the copy mentioned in subsection (3)(b) may, if it is notpracticable for the copy to be attached to a conspicuous part of the lot, beattached to a conspicuous part of—

(a) the common property for scheme A; or

(b) the common property for a scheme for which scheme A is asubsidiary scheme under that Act.

˙Reserve price at auction

1044.(1) A local government that offers land for auction under thisdivision must place a reserve price on the land.

(2) The reserve price must be at least—

(a) the amount of all overdue rates levied on the land; or

(b) the unimproved value of the land;

whichever is greater.

s 1045 605


s 1047

˙Sale by agreement after auction

1045.(1) If the reserve price is not reached at the auction, the localgovernment may enter into negotiations with the highest bidder at theauction to sell the land by agreement.

(2) A sale of the land by agreement must be at a price greater than thehighest bid for the land at the auction.

˙Unsold land acquired by local government

1046.(1) If land offered for auction under this division is not sold atauction and—

(a) the local government does not enter into negotiations undersection 1045 (Sale by agreement after auction) with the highestbidder at the auction; or

(b) the negotiations are unsuccessful;

the land is taken to have been sold at the auction to the local government atthe reserve price, unless it is held on a tenure that the local government isnot competent to hold.

(2) This section applies subject to section 1056 (Restrictions on localgovernment dealing with land).

˙Application of proceeds of sale

1047.(1) The local government must apply the proceeds of sale of landunder this division, in priority to all encumbrances, as follows—

(a) first, in payment of the expenses of the sale;

(b) second, in payment of the overdue rate for the land;

(c) third, in payment of other rates that may be payable to the localgovernment by the person (the “former owner”) who was theowner of the land immediately before its sale;

(d) fourth, in payment of other amounts that may be payable to thelocal government by the former owner.

(2) After application of the proceeds of sale under subsection (1), anyremainder must be paid to the person who was entitled to the rents and

s 1048 606


s 1049

profits of the land immediately before its sale.

(3) Any part of the proceeds of sale that remains unclaimed for 2 yearsmust be paid to the public trustee as unclaimed money.

(4) Subsection (1) is subject to section 1057 (Priority of State debtspreserved).

˙Sale operates as a discharge

1048. After a sale of land under this division (including a sale taken to beto the local government under section 1046 (Unsold land acquired by localgovernment)), a proceeding for the recovery of rates for any period beforethe sale may not be started or continued.

˙Issue of title

1049.(1) On a sale of land under this division, other than a sale taken tobe to the local government under section 1046 (Unsold land acquired bylocal government), a local government must give to the registrar of titles anotice specifying—

(a) that the land has been sold under this division; and

(b) the full description of the land; and

(c) the full name and address of the purchaser; and

(d) the purchase price of the land.

(2) The notice must comply with the regulations that may be made forthis section.

(3) On receiving the notice, the registrar of titles must register thepurchaser for the interest held in the land by the owner of the landimmediately before the sale, free of all encumbrances.

(4) The registrar of titles may comply with subsection (3) despitenon-production of a relevant instrument of title.

(5) This section is subject to section 1056 (Restrictions on localgovernment dealing with land).

s 1050 607


s 1052

˙Acquisition by local government of title to land

1050.(1) If land offered for sale under this division is taken to have beensold to it under section 1046 (Unsold land acquired by local government), alocal government must apply to the registrar of titles to be registered for theinterest held by the owner of the land immediately before the sale, free of allencumbrances.

(2) The application must comply with the regulations.

(3) On receiving the application, the registrar of titles must register thelocal government for the interest held by the owner of the land immediatelybefore the land was sold, free of all encumbrances.


(5) This section is subject to section 1056 (Restrictions on localgovernment dealing with land).

†Division 4—Acquisition by local government of valueless land

˙Purpose of this division

1051.(1) This division states how a local government acquires land it hasresolved to remove from its land record under section 997 (Resolution toremove valueless land from land record).

(2) This division applies subject to section 1057 (Priority of State debtspreserved).

˙Local government must first give notice

1052.(1) As soon as practicable after the local government resolves toremove the land from its land record, it must give a written notice of itsintention to acquire the land to—

(a) the owner of the land; and

(b) each encumbrancee, lessee or trustee who has given written noticeto the local government of the person’s interest in the land.

s 1053 608


s 1055

(2) The notice of intention to acquire must comply with a regulation thatmay be made for this section.

˙Application to be registered as owner

1053.(1) If, at the end of 6 months after the day, or the last day, that thenotice of intention to acquire is given, there is any overdue rate for the land,the local government may apply to the registrar of titles to be registered forthe interest of the owner of the land, free of all encumbrances.

(2) If a local government makes an application under subsection (1), itmust discharge all rates payable for the land.

(3) The application must comply with the regulations.

(4) On receiving the application, the registrar of titles must—

(a) register the local government for the interest of the owner of theland, free of all encumbrances; and

(b) give the local government an instrument of title to the land.


†Division 5—Provisions about dealing with land under this part

˙One instrument of title for conterminous land

1054. The registrar of titles may issue 1 instrument of title for 2 or moreparcels of land acquired under this part if—

(a) the local government asks; and

(b) the parcels are conterminous.

˙Sale of land and title valid despite irregularities

1055.(1) A dealing by a local government with land under this part isvalid, and effective to confer a paramount title to the land on a purchaser oron the local government, despite a failure to comply with a provision of thispart.

s 1056 609


s 1057

(2) The purchaser of land dealt with under this part or the registrar oftitles—

(a) need not inquire whether this part has been fully complied withfor a sale of land or an application for registration of title to land;and

(b) is not affected by notice, actual or constructive, of a failure tocomply with a provision of this part for the sale or application.

(3) A claim may not be made against a fund administered by the Stateabout—

(a) a dealing with land under this part; or

(b) a registration of title by the registrar of titles purporting to giveeffect to a provision of this part.

(4) This section does not protect—

(a) a person who commits fraud or wilful default; or

(b) a local government that does not comply with a provision of thispart;

from liability for loss caused by the fraud, default or noncompliance.

˙Restrictions on local government dealing with land

1056.(1) This section applies to land held on a tenure that—

(a) requires the holder to have particular qualifications; or

(b) requires the agreement or permission of a particular governmententity before a person can lawfully hold an interest in the land.

(2) A local government may sell an interest in the land under this partonly to a person who has the required qualifications or has obtained therequired agreement or permission.

(3) A local government may not acquire an interest in land held on atenure that prohibits a corporation from holding an interest in the land.

˙Priority of State debts preserved


s 1058 610


s 1059

(a) a local government intends to deal with land under this part; and

(b) the land is subject to an encumbrance that confers rights on theState or a government entity.

(2) The local government must give written notice of its intention to dealwith the land, to the State or government entity, before dealing with theland.

(3) The local government may sell, or acquire, the land only—

(a) subject to the encumbrance; or

(b) free of the encumbrance to the extent, and subject to anyconditions, agreed by the State or government entity.

˙Satisfaction of rates and charges on termination of tenure

1058.(1) If the tenure of a holding is terminated for the whole or part ofthe land, an amount received by the State from an incoming holder of thewhole or part of the land may, after deduction of any amount payable to theState, be applied by the State towards satisfaction of a liability for ratespayable to a local government for the land.

(2) If an amount is applied under subsection (1), only the remainder ofthe amount received by the State is payable to the former holder of the land.

†CHAPTER 15—PROVISIONS AIDING LOCALGOVERNMENT

†PART 1—EXTENDED APPLICATION OF CHAPTER


1059. This chapter (other than sections 1114 (Proof of voters roll)and 1115 (Proof of proceedings of local government)) applies to theBrisbane City Council.

s 1060 611


s 1061

†PART 2—POWERS UNDER THIS CHAPTER

˙Powers of entry

1060.(1) A power given under this chapter to enter a place may not beexercised using force.

(2) Subsection (1) does not apply if the entry is made under—

(a) an order made under section 1063 (Order on occupier whorefuses entry), if the order authorises the use of necessary andreasonable help and force; or

(b) a warrant issued under part 5 (Enforcement of local governmentActs).

†PART 3—RIGHT TO TAKE MATERIALS

˙Taking materials from land

1061.(1) A local government may authorise its employees or agents—

(a) to enter rateable land, other than—

(i) a protected area under the Nature Conservation Act 1992; or

(ii) the wet tropics area within the meaning of the Wet TropicsWorld Heritage Protection and Management Act 1993; or

(iii) a state forest or timber reserve under the Forestry Act 1959;or

(iv) improved land; and

(b) to search for, dig, raise and gather on the land and remove fromthe land any materials necessary for the exercise of the localgovernment’s jurisdiction.

(2) A power under subsection (1) may—

(a) be exercised on land in the local government’s area or, with theMinister’s approval, land outside its area; and

s 1061 612


s 1061

(b) be exercised only—

(i) with the agreement of the owner and occupier of the land; or

(ii) if the local government has given at least 7 days writtennotice to the owner and occupier.

(3) The notice must inform the owner and occupier of—

(a) the intention to enter the land; and

(b) the purpose of the entry; and

(c) the days and times when the entry is to be made.

(4) In exercising a power under subsection (1), the authorised employeeor agent must take all reasonable steps to ensure the employee or agentcauses as little inconvenience, and does as little damage, as is practicable inthe circumstances.

(5) Subsection (1) does not authorise—

(a) causing, or contributing to, damage to any structure or works; or

(b) searching for, digging, raising or gathering materials, orremoving materials from, within 50 m of a dwelling house,bridge, dam, wharf, jetty or other structure or works.

(6) If a person incurs loss or damage because of the exercise of a powerunder subsection (1), the person is entitled to be paid by the localgovernment the reasonable compensation because of the loss or damagethat is agreed between the local government and the person, or failingagreement, decided by a court having jurisdiction for the recovery ofamounts up to the amount of compensation claimed.

(7) The court may make the order about costs it considers just.


“loss” includes the value of materials taken.

s 1062 613


s 1063

†PART 4—EXECUTION OF LOCAL GOVERNMENTACTS

†Division 1—Compliance with requirements of local government Acts

˙Owner’s right of entry to comply with notice or order

1062.(1) If an owner of land occupied by someone else is given a noticeor order under a local government Act requiring work to be performed onthe land or a structure on the land (the “order”), the owner and the owner’semployees and agents may, at reasonable times—

(a) enter the land and, if necessary, the structure to comply with theorder; and

(b) perform work necessary to comply with the order.

(2) However, before entering the land or structure, the owner must—

(a) give at least 7 days written notice to the occupier of—

(i) the intention to enter the land or structure; and

(ii) the purpose of the entry; and

(iii) the days and times when the entry is to be made; and

(b) produce a copy of the order for inspection by the occupier.

(3) This section does not affect any rights the owner has apart from thissection.

˙Order on occupier who refuses entry

1063.(1) If an occupier of land or a structure refuses to permit a personwho is seeking—

(a) to exercise the jurisdiction of local government; or

(b) to exercise a power under a local government Act;

from entering the land or structure and performing work necessary for thepurpose for which entry is sought, the person may make written applicationto a magistrate for an order under this section.

s 1063 614


s 1063

(2) The applicant must give written notice of the application to—

(a) the occupier of the land or structure; or

(b) if the applicant is not the owner—the owner and the occupier ofthe land or structure.

(3) The application must—

(a) be in the form approved by the chief executive; and

(b) be sworn; and

(c) state the grounds on which the order is sought.

(4) The magistrate may refuse to consider the application until the persongives the magistrate all the information the magistrate requires about theapplication in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application tobe given by statutory declaration.

(5) If the magistrate is satisfied the entry sought is reasonable andnecessary for the purpose, the magistrate may make an order under thissection.

(6) The order must—

(a) direct the occupier to permit the person to enter the land orstructure and perform all work necessary for the purpose; and

(b) state the hours of the day or night when entry may be made; and

(c) state the day (within 14 days after the order is made) when theorder ends.

(7) If the person is an employee or agent of a local government, the ordermay also authorise the person to use necessary and reasonable help andforce to enter the land or structure.

(8) The magistrate must record the reasons for making the order.

(9) The occupier must comply with the order.

Maximum penalty for subsection (9)—50 penalty units.

s 1064 615


s 1066

˙Protection of owner against occupier’s obstruction

1064. An owner of land who fails to perform work in contravention of alocal government Act because of an occupier’s refusal to permit entry is notliable for the failure if the owner takes reasonable steps to enter the land toperform the work.

˙Discharge of obligations by occupier on failure of owner

1065.(1) If the owner of land occupied by someone else fails to performwork or pay an amount the owner is required under a local government Actto perform or pay, the occupier may perform the work or pay the amount.

(2) If the occupier performs the work or pays the amount, the amountincurred by the occupier in performing the work, or the amount paid by theoccupier, is a debt payable to the occupier by the owner.

(3) If the occupier is a tenant of the owner, the occupier may deduct,from rent payable to the owner by the occupier, the amount payable to theoccupier by the owner under subsection (2).

(4) The owner cannot terminate the tenancy of the occupier because of adeduction made from rent under subsection (3).

˙Performing work for owner or occupier

1066.(1) If the owner or occupier of land or a structure fails, or both theowner and occupier fail, to perform work required to be performed under alocal government Act, a local government may, by its employees or agents,enter the land or structure and perform the work.

(2) The powers under subsection (1) may be exercised only if—

(a) both the owner and occupier agree to the entry; or

(b) the entry is under an order made under section 1063 (Order onoccupier who refuses entry); or

(c) urgent action is necessary for local government purposes,including, for example, the interests of public health or safety; or

(d) reasonable notice has been given to the owner and occupier of thelocal government’s intention to enter the land or structure andperform the work.

s 1067 616


s 1068

Example for subsection (2)(d)—

Entry to, and clearing of, an overgrown allotment because of the allotmentowner’s failure under a local law to clear the allotment.

(3) Subsection (2)(c) and (d) do not apply to the entry of a structure, orthe part of a structure, used for residential purposes.

(4) The amount properly and reasonably incurred by the localgovernment in performing the work is a debt payable to the localgovernment by the person who failed to perform the work.

(5) If both the owner and occupier failed to perform the work, theamount incurred is payable by the owner and occupier jointly and severally.

˙Cost of work recoverable as a rate

1067.(1) The local government may recover the amount payable by theowner of land for the work performed by it as if the amount (together withinterest on the amount under subsection (2))—

(a) were an overdue rate properly levied by the local government forthe land; and

(b) became payable to the local government at the end of 30 daysafter the local government gave to the owner written notice of theamount payable by the owner for the work performed.

(2) The amount payable to the local government bears interest as if itwere an amount of overdue rate payable to the local government.

˙Cost of work a charge over land

1068.(1) This section applies if an amount (including any interest on theamount) (the “unpaid amount”) is payable by the owner of land for workperformed by a local government under section 1066 (Performing work forowner or occupier).

(2) The unpaid amount is a charge on the land.

(3) The local government may lodge a request to register the charge inthe appropriate form over the land with the registrar of titles.

(4) The request must be accompanied by a certificate signed by the localgovernment’s chief executive officer stating there is a charge over the land

s 1069 617


s 1070

under this section.

(5) A registered charge has priority over all encumbrances over the landother than—

(a) encumbrances in favour of the State or a government entity; and

(b) rates payable to the local government.

(6) The charge is in addition to any other remedy the local governmenthas for recovery of the unpaid amount.

˙Limitation of time in absence of notice of work done

1069. If work on land or a structure is performed without an approvalthat is required under a local government Act, then, for any limitation oftime for taking a proceeding or doing anything else about the work, thework is taken to have been performed when an employee or agent of thelocal government first finds out about the work.

†Division 2—Entry on land

˙Entry on land for local government purposes

1070.(1) An employee or agent of a local government may enter land ora structure, at all reasonable times, if the entry is necessary for the exerciseof the local government’s jurisdiction, including for example—

(a) to carry facilities into, through, across or under the land; or

(b) to perform work on the land or structure; or

(c) to inspect, operate, change, maintain, remove, repair or replace thelocal government’s facilities on the land or structure.

(2) The powers under subsection (1) may be exercised only if—

(a) the entry is made—

(i) to inspect, operate, change, maintain, remove, repair orreplace the local government’s facilities on the land orstructure for its routine operations; or

(ii) to investigate the future placement, removal, repair or

s 1071 618


s 1072

replacement of facilities on the land or structure; or

(b) the owner and occupier of the land or structure agree to the entry;or

(c) urgent action is necessary for local government purposes,including, for example, the interests of public health or safety; or

(d) the entry is under an order made under section 1063 (Order onoccupier who refuses entry).

Example for subsection (2)(c)—

Entry to take urgent action under a local law about the safety and convenience ofthe public to remove a tree likely to fall and cause injury or damage.

(3) Subsection (2)(a) does not apply to the entry of a structure, or the partof a structure, used for residential purposes.

˙Compensation for loss or damage

1071.(1) This section applies if a person incurs loss or damage becauseof the exercise by a local government of a power under section 1070 (Entryon land for local government purposes).

(2) The person is entitled to be paid by the local government thereasonable compensation because of the loss or damage that is agreedbetween the local government and the person, or failing agreement, decidedby a court having jurisdiction for the recovery of amounts up to the amountof compensation claimed.

(3) The court may make the order about costs it considers just.

†Division 3—General

˙Obstructing execution of local government Act etc.

1072.(1) A person must not obstruct or hinder, or attempt to obstruct orhinder, a local government or any person in taking any action the localgovernment or person is required or authorised to take under a localgovernment Act.


s 1073 619


s 1073

(2) An occupier of land or a structure who obstructs a person asmentioned in section 1063 (Order on occupier who refuses entry) may beproceeded against under that section or under this section, but cannot beproceeded against under both sections.

(3) A person must not destroy, pull down, damage or deface a board oranything else on which a local law, order, notice or other matter is displayedunder authority of a local government.


(4) An occupier of land or a structure, when required by or for a localgovernment to disclose the name of the owner of the premises, must not—

(a) without reasonable excuse, fail to disclose the owner’s name; or

(b) knowingly state a false name.


˙Police officer may require name and address

1073.(1) A police officer may require a person to state the person’s nameand address if the officer—

(a) finds the person committing an offence against a localgovernment Act; or

(b) finds the person in circumstances that lead, or has informationthat leads, the officer to suspect on reasonable grounds that theperson has just committed an offence against a local governmentAct.

(2) When making the requirement, the police officer must warn theperson it is an offence to fail to state the person’s name and address, unlessthe person has a reasonable excuse.

(3) The police officer may require the person to give evidence of thecorrectness of the person’s name or address if the officer suspects, onreasonable grounds, that the name or address given is false.

(4) A person must comply with a police officer’s requirement undersubsection (1) or (3), unless the person has a reasonable excuse for notcomplying with the requirement.


s 1074 620


s 1075

(5) The person does not commit an offence against this section if—

(a) the police officer required the person to state the person’s nameand address on suspicion of the person having committed anoffence against a local government Act; and

(b) the person is not proved to have committed the offence.

˙Direction power of police officers about malls

1074.(1) A police officer may give a person who is in a mall a directionto do or stop doing something if the police officer believes, on reasonablegrounds, that it is necessary to give the direction to protect—

(a) public safety or order; or

(b) the rights of members of the public to enjoy the mall; or

(c) the rights of persons to carry on lawful business in or inassociation with the mall.

(2) When giving the direction, the police officer must warn the person itis an offence not to comply with the direction.

(3) The person must comply with the direction, unless the person has areasonable excuse for not complying with it.


(4) This section has effect subject to the Peaceful Assembly Act 1992.

˙Power to arrest persons

1075.(1) This section applies to an offence against either of the followingsections—

• section 1073 (Police officer may require name and address)

• section 1074 (Direction power of police officers about malls).

(2) A police officer may arrest a person if—

(a) the officer—

(i) finds the person committing an offence to which this sectionapplies; or

s 1076 621


s 1078

(ii) finds the person in circumstances that lead, or hasinformation that leads, the officer to suspect on reasonablegrounds that the person has just committed an offence towhich this section applies; and

(b) the officer believes on reasonable grounds that a proceeding byway of complaint and summons against the person would beineffective.

˙Fines

1076.(1) If a proceeding for an offence against a local government Actabout a local government matter is taken and a court imposes a fine for theoffence, the fine must be paid to the operating fund of the local government.

(2) If a person other than the local government prosecutes the offence,subsection (1) does not apply to any part of the fine the court orders be paidto the person.

˙Indictable and summary offences

1077.(1) An offence against chapter 8, part 7 for which the maximumpenalty of imprisonment is 2 years or more is an indictable offence.

(2) Any other offence against this Act is a summary offence.

˙Proceedings for indictable offences

1078.(1) A proceeding for an indictable offence against this Act may betaken, at the prosecution’s election—

(a) by way of summary proceedings under the Justices Act 1886; or

(b) on indictment.

(2) A magistrate must not hear an indictable offence summarily if—

(a) the defendant asks at the start of the hearing that the charge beprosecuted on indictment; or

(b) the magistrate considers that the charge should be prosecuted onindictment.

(3) If subsection (2) applies—

s 1079 622


s 1080

(a) the magistrate must proceed by way of an examination ofwitnesses for an indictable offence; and

(b) a plea of the person charged at the start of the proceeding must bedisregarded; and

(c) evidence brought in the proceeding before the magistrate decidedto act under subsection (2) is taken to be evidence in theproceeding for the committal of the person for trial or sentence;and

(d) before committing the person for trial or sentence, the magistratemust make a statement to the person as required by the JusticesAct 1886, section 104(2)(b).

(4) The maximum penalty that may be summarily imposed for anindictable offence is 100 penalty units or 1 year’s imprisonment.

˙Limitation on who may summarily hear indictable offenceproceedings

1079.(1) A proceeding must be before a magistrate if it is a proceeding—

(a) for the summary conviction of a person on a charge for anindictable offence; or

(b) for an examination of witnesses for a charge for an indictableoffence.

(2) However, if a proceeding for an indictable offence is brought before ajustice who is not a magistrate, jurisdiction is limited to taking or making aprocedural action or order within the meaning of the Justices of the Peaceand Commissioners for Declarations Act 1991.

˙Limitation on time for starting summary proceedings

1080. A proceeding for an offence against this Act by way of summaryproceeding under the Justices Act 1886 must start—

(a) within 1 year after the commission of the offence; or

(b) within 6 months after the offence comes to the complainant’sknowledge, but within 2 years after the commission of theoffence.

s 1081 623


s 1083

˙Attempt to commit offence

1081. A person who attempts to commit an offence against this Actcommits an offence and, on conviction, is liable to the same penalties as ifthe person had committed the offence.

†PART 5—ENFORCEMENT OF LOCALGOVERNMENT ACTS

†Division 1—Interpretation

˙Definitions


“authorised person” means a person who is—

(a) appointed under this part as an authorised person; and

(b) other than in division 2—an authorised person for the provisionin which the expression is used.

“authorisation” means an approval, consent, licence, permission,registration or other authority issued under a local government Act.

“notice” means a notice or direction issued under a local government Act.

“occupier” of a place includes a person who reasonably appears to be theoccupier of, or in charge of, the place.

“public place” means any place that the public is entitled to use, is open tothe public, or used by the public, whether or not on payment ofmoney.

“warrant” means a warrant issued under this part.

˙References to “local government” and “authorised person”

1083. In a provision of this part about—

(a) a local government, a reference to an authorised person is a

s 1084 624


s 1086

reference to an authorised person appointed by the localgovernment; and

(b) an authorised person, a reference to a local government is areference to the local government that appointed the authorisedperson.

†Division 2—Authorised persons

˙Appointment

1084.(1) A local government may appoint any of the following personsas authorised persons under this part—

(a) employees of the local government;

(b) other persons prescribed under the regulations.

(2) An appointment of a person as an authorised person under this partmust state the provisions of this part for which the person is appointed as anauthorised person.

(3) A local government may appoint a person as an authorised personunder this part only if—

(a) the local government considers the person has the necessaryexpertise or experience for the appointment; or

(b) the person has satisfactorily finished training approved by thelocal government for the appointment.

˙Limitation on authorised person’s powers

1085. An authorised person’s powers may be limited in the person’sinstrument of appointment.

˙Authorised person’s appointment conditions

1086.(1) An authorised person holds office on the conditions stated inthe instrument of appointment.

(2) An authorised person—

s 1087 625


s 1088

(a) if the instrument provides for a term of appointment—ceasesholding office at the end of the term; and

(b) may resign by signed notice of resignation given to the localgovernment; and

(c) if the conditions of appointment provide—ceases holding officeas an authorised person on ceasing to hold another office stated inthe appointment conditions (the “main office”).

(3) However, an authorised person may not resign from the office ofauthorised person (the “secondary office”) under subsection (2)(b) if aterm of the authorised person’s employment to the main office requires theauthorised person to hold the secondary office.

˙Authorised person’s identity card

1087.(1) A local government must give each authorised person anidentity card.

(2) The identity card must—

(a) contain a recent photograph of the authorised person; and

(b) be signed by the authorised person; and

(c) identify the person as an authorised person for the localgovernment; and

(d) include an expiry date.

(3) A person who ceases to be an authorised person must return theperson’s identity card to the local government within 21 days after theperson ceases to be an authorised person, unless the person has a reasonableexcuse.


(4) This section does not prevent the giving of a single identity card to aperson for this part and for other provisions, Acts or purposes.

˙Production of identity card

1088.(1) An authorised person may exercise a power in relation tosomeone else (the “other person”) only if the authorised person—

s 1089 626


s 1090

(a) first produces his or her identity card for the other person’sinspection; or

(b) has the identity card displayed so it is clearly visible to the otherperson.

(2) However, if for any reason it is not practicable to comply withsubsection (1), the authorised person must produce the identity card for theother person’s inspection at the first reasonable opportunity.

˙Offences

1089. A person must not pretend to be an authorised person.


†Division 3—Infringement notice offences

˙Power to require name and address

1090.(1) An authorised person may require a person (the “otherperson”) to state the other person’s name and address if the authorisedperson—

(a) finds the other person committing an infringement notice offence;or

(b) finds the other person in circumstances that lead, or hasinformation that leads, the authorised person to suspect onreasonable grounds the other person has just committed aninfringement notice offence.

(2) When making the requirement, the authorised person must warn theother person it is an offence to fail to state the other person’s name andaddress, unless the other person has a reasonable excuse.

(3) The authorised person may require the other person to give evidenceof the correctness of the other person’s name or address if the authorisedperson suspects, on reasonable grounds, that the name or address given isfalse.

(4) The other person must comply with the authorised person’s

s 1091 627


s 1092

requirement under subsection (1) or (3), unless the other person has areasonable excuse.


(5) The other person does not commit an offence against this section if—

(a) the authorised person required the other person to state the otherperson’s name and address on suspicion of the other personhaving committed an infringement notice offence; and

(b) the other person is not proved to have committed theinfringement notice offence.

†Division 4—Investigations about offences

˙Entry to places

1091.(1) An authorised person may enter a place under this division if—

(a) its occupier agrees to the entry; or

(b) the entry is permitted by a warrant.

(2) An authorised person, without the occupier’s agreement or a warrant,may—

(a) enter a public place when the place is open to the public; or

(b) enter land to ask for the occupier’s agreement to the authorisedperson entering the land or a building or structure on the land.

˙Agreement to entry

1092.(1) This section applies if an authorised person seeks the agreementof an occupier of a place to an authorised person entering the place underthis division.

(2) In seeking the agreement, the authorised person must inform theoccupier—

(a) of the purpose of the entry; and

(b) that things or information obtained by the authorised person maybe used in evidence in court; and

s 1093 628


s 1094

(c) that the occupier is not required to agree to the entry.

(3) If the agreement is given, the authorised person may ask the occupierto sign an acknowledgment of the occupier’s agreement.

(4) The acknowledgment must—

(a) state the occupier was informed—

(i) of the purpose of the entry; and

(ii) that things or information obtained by the authorised personmay be used in evidence in court; and

(iii) that the occupier was not required to agree to the entry; and

(b) state the occupier agreed to the authorised person entering theplace and exercising powers under this division; and

(c) state the time and date the agreement was given.

(5) If the occupier signs an acknowledgment of agreement, theauthorised person must immediately give a copy to the occupier.

˙Evidence of agreement

1093.(1) This section applies to a proceeding if—

(a) a question arises whether an occupier of a place agreed to theentry of the place by an authorised person under this division; and

(b) an acknowledgment of the occupier’s agreement is not producedin evidence.

(2) In a proceeding to which this section applies, the court may assumethe occupier did not agree to the entry, unless the contrary is proved.

†Division 5—Warrants

˙Warrants for entry

1094.(1) An authorised person may apply to a magistrate for a warrantfor a place.

(2) The application must—

s 1095 629


s 1095

(a) be in the form approved by the chief executive; and

(b) be sworn; and

(c) state the grounds on which the warrant is sought.

(3) The magistrate may refuse to consider the application until theauthorised person gives the magistrate all the information the magistraterequires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application tobe given by statutory declaration.

(4) The magistrate may issue the warrant only if the magistrate issatisfied there are reasonable grounds for suspecting—

(a) there is a particular thing or activity (the “evidence”) that mayprovide evidence of an offence against a local government Act;and

(b) the evidence is at the place, or may be at the place within the next7 days.

(5) The warrant must state—

(a) that the authorised person may, with necessary and reasonablehelp and force, enter the place and exercise the authorisedperson’s powers under this Act; and

(b) the evidence for which the warrant is issued; and

(c) the hours of the day or night when entry may be made; and

(d) the day (within 14 days after the warrant’s issue) when thewarrant ends.

(6) The magistrate must record the reasons for issuing the warrant.

˙Warrants—applications made otherwise than in person

1095.(1) An authorised person may apply for a warrant by phone, fax,radio or another form of communication if the authorised person considersit necessary because of urgent circumstances or other special circumstances,including, for example, the authorised person’s remote location.

(2) Before applying for the warrant, the authorised person must prepare

s 1095 630


s 1095

an application stating the grounds on which the warrant is sought.

(3) The authorised person may apply for the warrant before theapplication is sworn.

(4) After issuing the warrant, the magistrate must immediately fax acopy to the authorised person if it is reasonably practicable to fax the copy.

(5) If it is not reasonably practicable to fax a copy of the warrant to theauthorised person—

(a) the magistrate must—

(i) record on the warrant the reasons for issuing the warrant;and

(ii) tell the authorised person the date and time the warrant wassigned; and

(iii) tell the authorised person the warrant’s terms; and

(b) the authorised person must write on a form of warrant(the “warrant form”)—

(i) the magistrate’s name; and

(ii) the date and time the magistrate signed the warrant; and

(iii) the warrant’s terms.

(6) The facsimile warrant, or the warrant form properly completed by theauthorised person, authorises the entry and the exercise of the other powersmentioned in the warrant issued by the magistrate.

(7) The authorised person must, at the first reasonable opportunity, sendto the magistrate—

(a) the sworn application; and

(b) if a warrant form was completed by the authorised person—thecompleted warrant form.

(8) On receiving the documents, the magistrate must attach them to thewarrant.

(9) Unless the contrary is proven, a court must presume that a powerexercised by an authorised person was not authorised by a warrant issuedunder this section if—

s 1096 631


s 1097

(a) a question arises, in a proceeding before the court, whether theexercise of power was authorised by a warrant; and

(b) the warrant is not produced in evidence.

†Division 6—Monitoring authorisations and notices and processingapplications

˙Monitoring authorisations and processing applications

1096.(1) An authorised person may enter a place at any reasonable time(other than at night)—

(a) to inspect the place to process an application made under a localgovernment Act; or

(b) to find out whether the conditions on which an authorisation ornotice was issued have been or are being complied with; or

(c) to inspect work carried out under an authorisation or notice.

(2) In addition, an authorised person may enter a place at night for apurpose mentioned in subsection (1) if—

(a) the place is a public place that is open to the public at the time ofthe entry; or

(b) the entry is at a time asked by the occupier; or

(c) the entry is in accordance with the times provided for in alawfully imposed condition of an authorisation.

˙Limitation on entry to residence

1097.(1) This section limits an authorised person’s powers of entryunder this division.

(2) An authorised person may enter a building or other structure, or thepart of a building or other structure, used for residential purposes only if theauthorised person is accompanied by the occupier.

(3) Subsection (2) does not apply if the occupier has been givenreasonable notice of the authorised person’s intention to enter, and—

s 1098 632


s 1098

(a) the occupier is unavailable or unwilling to accompany theauthorised person; or

(b) the authorised person is unable for another reason to comply withthe subsection.

†Division 7—Approved inspection programs

˙Approval of inspection program

1098.(1) A local government may by resolution approve a program(an “approved inspection program”) under which authorised personsmay enter places to monitor compliance with a local government Act or anaspect of a local government Act.

Examples of approved inspection programs—

1. Monitoring compliance with requirements for swimming pool fencing under theBuilding Act 1975.

2. Monitoring compliance with limits provided under a local law about the numberof dogs that may be kept at a place.

(2) An approved inspection program must be a selective inspectionprogram or systematic inspection program.

(3) A selective inspection program provides for the selection, inaccordance with the resolution, of places in the local government’s area, or aparticular part of the area, to be entered and inspected.

(4) A systematic inspection program provides for all places, or all placesof a particular type, in the local government’s area, or a particular part of thearea, to be entered and inspected.

(5) An approved inspection program must state the following—

(a) the purpose of the program;

(b) when the program starts;

(c) for a selective inspection program—

(i) objective criteria for selecting places to be entered andinspected; and

(ii) if the places are to be selected from a part of the local

s 1099 633


s 1099

government’s area—a description of the part;

(d) for a systematic inspection program—

(i) if places in a part of the local government’s area are to beentered and inspected—a description of the part; and

(ii) if a type of place is to be entered and inspected—adescription of the type;

(e) the period (not more than 3 months or another period prescribedunder the regulations) over which the program is to be carriedout.

˙Notice of proposed inspection program

1099.(1) At least 14 days, but not more than 28 days, before an approvedinspection program starts, the local government must give notice of theprogram.

(2) The notice must be published in a newspaper circulating generally inthe local government’s area.



(b) in general terms, the purpose and scope of the program;

(c) when the program starts;

(d) the period over which the program is to be carried out;

(e) that a copy of the program is open to inspection at the localgovernment’s public office until the end of the program;

(f) that a copy of the program may be purchased at the localgovernment’s public office until the end of the program;

(g) the price of a copy of the program.

(4) The price of a copy of the program must be no more than the cost tothe local government of having the copy available for purchase, and, if thecopy is posted to the purchaser, the postage cost.

s 1100 634


s 1102

˙Access to program

1100. From the publication of the notice about an approved inspectionprogram until the end of the program—

(a) a copy of the program must be open to inspection at the localgovernment’s public office; and

(b) copies of the program must be available for purchase at the localgovernment’s public office at the price stated in the notice.

˙Power of entry under approved inspection program

1101.(1) An authorised person may enter a place under an approvedinspection program at any reasonable time of the day or night.

(2) Subsection (1) does not apply to a building or other structure, or thepart of a building or other structure, used for residential purposes.

†Division 8—Powers on entry

˙General powers after entering places

1102.(1) This section applies to an authorised person who enters a placeunder 1 of the following divisions—

• division 4 (Investigations about offences)

• division 6 (Monitoring authorisations and notices and processingapplications)

• division 7 (Approved inspection programs).

(2) The authorised person may—

(a) if the entry is under division 4—search any part of the place; or

(b) inspect, test, photograph or film anything in or on the place; or

(c) copy a document in or on the place; or

(d) take samples of or from anything in or on the place; or

(e) take into or onto the place any persons, equipment and materialsthe authorised person reasonably requires for exercising a power

s 1103 635


s 1103

under this division; or

(f) require the occupier of the place, or a person in or on the place, togive the authorised person reasonable help to exercise theauthorised person’s powers under paragraphs (a) to (e).

(3) A person required to give reasonable help under subsection (2)(f)must comply with the requirement, unless the person has a reasonableexcuse.


(4) If the requirement is to be complied with by the person givinginformation or producing a document, it is a reasonable excuse for theperson to fail to comply with the requirement if complying with therequirement might incriminate the person.

(5) This section does not apply to an authorised person who enters aplace under section 1091(2)(b) (Entry to places) to get the occupier’sagreement unless the agreement is given or the entry is otherwiseauthorised.

†Division 9—Other enforcement matters

˙Authorised person to give notice of damage


(a) an authorised person damages anything in the exercise of a powerunder this part; or

(b) a person who is authorised by an authorised person to take actionunder this part damages anything in taking the action.

(2) The authorised person must promptly give written notice of theparticulars of the damage to the person who appears to be the thing’sowner.

(3) However, if for any reason it is not practicable to comply withsubsection (2), the authorised person must leave the notice, in a reasonablysecure way and in a conspicuous position, at the place where the damagehappened.


s 1104 636


s 1105

“owner” of a thing includes the person in possession or control of thething.

(5) If the authorised person believes the damage was caused by a latentdefect in the thing or other circumstances beyond the authorised person’scontrol, the authorised person may state this in the notice.

(6) This section does not apply to damage the authorised person believes,on reasonable grounds, is trivial.

˙Compensation

1104.(1) A person may claim compensation if the person incurs loss orexpense because of the exercise or purported exercise of a power under thispart, including, for example, in complying with a requirement made of theperson under this part.

(2) Compensation may be claimed and ordered in a proceeding for—

(a) compensation brought in a court of competent jurisdiction; or

(b) an offence against a local government Act brought against theperson making the claim for compensation.

(3) A court may order compensation to be paid only if it is satisfied it isjust to make the order in the circumstances of the particular case.

(4) The regulations may prescribe matters that may, or must, be takeninto account by the court when considering whether it is just to make theorder.

†Division 10—Special provision for local laws about dogs

˙Local laws about dogs

1105.(1) A local law about dogs, or to the extent that it is about dogs,may give an authorised person power to enter a place (including a buildingor other structure, or the part of a building or other structure, used forresidential purposes) at the time, with the help and using the force that isnecessary and reasonable in the circumstances.

(2) However, the entry may only be for seizing a dangerous dog within

s 1106 637


s 1108

the meaning of the local law.

(3) The other provisions of this chapter do not limit subsections (1)and (2).

(4) Division 9 (Other enforcement matters) applies to the exercise of apower of entry under a local law made under subsection (1), or any otherpower exercised under a local law because of the entry, as if the power wereexercised under this part.

†PART 6—LEGAL PROCESSES INVOLVING LOCALGOVERNMENTS

˙Authentication of documents made by local governments

1106. A document made by a local government—

(a) is sufficiently authenticated if it is signed for the local governmentby—

(i) the local government’s mayor or chief executive officer; or

(ii) an employee of the local government authorised by themayor or chief executive officer for the purpose; and

(b) is not sufficiently authenticated if the only signature purporting tobe for the local government is that of a person other than a personmentioned in paragraph (a).

˙Service of documents on local governments

1107. A document required or permitted to be served on a localgovernment is properly served if it is given in a way authorised by law tothe local government’s chief executive officer.

˙Substituted service

1108.(1) If an owner of rateable land is known to be absent from theState, a local government may serve a document on the owner by serving it

s 1109 638


s 1110

on the owner’s agent in the State.

(2) If a local government does not know, or is uncertain about, thecurrent address of the place of residence or business of a person, adocument may be served on the person—

(a) if the identity of the person is known—by addressing thedocument to the person and publishing notice of its substanceonce in the gazette and once in a newspaper circulating generallythroughout the State; or

(b) if the identity of the person is not known—by addressing thedocument to the ‘owner’ or ‘occupier’ of the land or premisesidentified in the address and publishing notice of its substanceonce in the gazette and once in a newspaper circulating generallythroughout the State.

˙Exemption from stating law in the case of substituted service

1109.(1) A provision of a local government Act requiring a documentgiven to any person to contain or be accompanied by a statement of anyrelevant provision of law is taken to be complied with despite the absence ofthe statement if—

(a) the document is served in a way permitted by section 1108(Substituted service); and

(b) subsection (2) is complied with.

(2) A document served in circumstances mentioned in subsection (1)must contain a statement to the effect that particulars of the relevantprovision of law may be obtained, free of charge, on application to the localgovernment.

˙Service on time share owners

1110. A document is taken to be properly served under a localgovernment Act on the owners of a structure subject to a time share schemeif it is addressed to the ‘owners’ of the land or structure identified in theaddress and served in a way authorised by law—

(a) on the person named in the notice given to the local governmentunder section 1124 (Notice of time share scheme to local

s 1111 639


s 1113

government) as the person responsible for administration of thescheme as between the participants in the scheme; and

(b) at the address for service specified in the notice.

˙Acting for local government in legal proceedings

1111.(1) In a legal proceeding, the chief executive officer of a localgovernment or other employee authorised in writing by the localgovernment—

(a) may give instructions and act as authorised agent for the localgovernment; and

(b) may sign all documents for the local government.

(2) A local government must pay the costs incurred by the chiefexecutive officer or other employee of the local government in a legalproceeding.

(3) If the Attorney-General could take a proceeding on the relation of alocal government to secure compliance with an Act, the local government istaken to sufficiently represent the public interest and may take theproceeding in its own name.

˙Judiciary not disqualified from adjudicating

1112. A judge, magistrate or justice is not disqualified from adjudicatingin a proceeding to which a local government is a party merely because thejudge, magistrate or justice is, or is liable to be, a ratepayer of the localgovernment.

†PART 7—EVIDENTIARY MATTERS

˙Constitution and limits of local government need not be proved

1113. It is not necessary for the plaintiff in a legal proceeding started by,for or against a local government to prove—

s 1114 640


s 1116

(a) the local government’s constitution; or

(b) the limits of the local government’s area; or

(c) the limits of a division of the local government’s area.

˙Proof of voters roll

1114. In a proceeding, a document purporting to be a copy of the votersroll for a local government’s area or a division of a local government’s area,and to be certified by the chief executive officer of the local government, isevidence of the roll and of the matters contained in the roll.

˙Proof of proceedings of local government

1115. In a proceeding—

(a) an entry in a record kept by the chief executive officer of a localgovernment purporting to record the proceedings of the localgovernment, or of any of its committees, and to be signed by themayor of the local government or chairperson of the committee,at the time the entry was made; or

(b) a document purporting to be a copy of, or an extract from, theentry, under the local government’s seal, and to be certified by thelocal government’s current chief executive officer;

is evidence of the proceedings recorded by the entry and that the meeting atwhich the recorded proceedings happened was properly held.

˙Evidentiary value of land record

1116. In a proceeding in which the liability for rates is relevant, an entryin the land record kept by a local government under this Act, or a documentpurporting to be a copy of or an extract from the entry, under the localgovernment’s seal and to be certified by the local government’s chiefexecutive officer is evidence—

(a) of the matters contained in the entry; and

(b) that the valuation and rate recorded in the entry were properlymade; and

s 1117 641


s 1118

(c) that the person recorded in the entry as owner of the landmentioned in the entry is liable for payment of the rates levied forthe land.

˙Evidentiary value of copies and certificates

1117.(1) A copy of a document purporting to be made under authority ofa local government or its mayor and purporting to be verified by the mayoror an employee authorised by it, is taken to be, or to evidence, a documentmade under the local government’s authority or its mayor in the absence ofevidence to the contrary.

(2) The copy of the document is evidence in a proceeding as if it were theoriginal of the document.

(3) A certificate purporting to be signed by the chief executive officer of alocal government about the state of, or a fact appearing from, a record of thelocal government is evidence in a proceeding of the matters contained in thecertificate.

˙Proof of matters about roads


“appropriate officer” of a local government means an employee of thelocal government responsible for a road register kept by the localgovernment under this Act.

(2) In a proceeding—

(a) a road register kept by a local government under this Act or adocument purporting to be certified by the appropriate officer tobe a copy of, or an extract from, an entry in the register isevidence of the categorisation and levels of a road in the localgovernment’s area; and

(b) a certificate purporting to be that of the appropriate officer that thealignment or level of a road in the local government’s area has notbeen fixed is evidence of the matters contained in the certificate.

s 1119 642


s 1122

˙Proof of directions given to local government

1119. In a proceeding, a document purporting to be certified by or for theMinister as a true copy of a direction given to a local government by theGovernor in Council or the Minister under this Act is evidence of the givingof the direction and of the matters contained in the direction.

˙Proof of orders for costs

1120. In a proceeding, a document purporting to be certified by theperson who constitutes an appeal tribunal or a responsible person associatedwith the conduct of an appeal tribunal as a true copy of an order forpayment of costs made by the appeal tribunal under this Act is evidence ofthe making of the order and of the matters contained in the order.

˙Proof of complainant’s knowledge of matter

1121. In a complaint starting a proceeding, a statement that the matter ofthe complaint came to the complainant’s knowledge on a stated day isevidence of the matter.

†PART 8—GENERAL ADMINISTRATIVE MATTERS

˙Ownership of things in local government’s control


“roadway” means the part of a road used by vehicles, bicycles orpedestrians, and includes—

(a) a bridge, culvert, ferry, ford, tunnel or viaduct; and

(b) works associated with the road, including, for example, gutters,stormwater drains, kerbing and channelling.

(2) The materials in wharves, jetties and other structures or works underthe control of a local government, and in improvements to them, are thelocal government’s property.

s 1123 643


s 1124

(3) If a local government, in exercise of the jurisdiction of localgovernment, constructs a roadway or other structure or performs any workson someone else’s land, the materials in the roadway, structure or works arethe local government’s property.

(4) Subsection (3) does not apply to the materials in—

(a) an open drain other than any lining of the drain; or

(b) a house drain or soil pipe within the meaning of the StandardSewerage Law.

(c) anything that is the outcome of work performed undersection 1066 (Performing work for owner or occupier).

˙Insurance against liability

1123. A local government must insure itself by way of—

(a) public liability insurance; and

(b) professional indemnity insurance;

in relation to its exercise of local government jurisdiction to a minimumamount prescribed by regulation.

˙Notice of time share scheme to local government

1124.(1) If a time share scheme is implemented for a structure on land,the owner of the land must, within 30 days after the implementation, give tothe local government written notice of the implementation.


(a) include information about the number of parts of the structure thatmay at any time be occupied for residential purposes by a personto the exclusion of other occupants of the structure; and

(b) specify the name and address for service of notices of the personresponsible for administration (including maintenance of thestructure and other property) of the scheme as between theparticipants in the scheme; and

(c) be signed by or for the owner and person mentioned inparagraph (b).

s 1125 644


s 1126

(3) A time share scheme is taken to be implemented when any personbecomes or agrees to become a participant in the scheme.

˙Changes affecting time share schemes

1125.(1) If the address for service of a person (the “previousnominated person”) whose name and address for service are notified to alocal government under section 1124 (Notice of time share scheme to localgovernment) changes, the person must immediately give to the localgovernment written notice of the new address for service.

(2) If at any time after a notice has been given to a local governmentunder section 1124 another person becomes responsible for administrationof the time share scheme as between the participants in the scheme, theprevious nominated person and the person (the “new nominated person”)who has become responsible for the administration must immediately giveto the local government notice of the name and address for service ofnotices of the new nominated person.

˙Land registry searches free of charge

1126.(1) This section applies to any of the following persons—

(a) the chief executive officer of a local government;

(b) an employee of a local government who is authorised by the chiefexecutive officer;

(c) a solicitor or other agent acting for a local government;

(d) an employee of a solicitor or agent mentioned in paragraph (c)who is authorised by the solicitor or agent.

(2) The person may conduct searches of registers or documents aboutland in the land registry in accordance with the practice of the registrywithout payment of a fee.

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s 1129

†CHAPTER 16—LOCAL GOVERNMENT STAFF

†PART 1—CORPORATE STRUCTURE AND STAFFRESOURCES

˙Corporate structure

1127.(1) A local government must have a corporate structure appropriatefor the conduct of its affairs.

(2) The corporate structure must be approved by the local government byresolution.

˙Resources for staff

1128. A local government must, by resolution, decide the resources to beallocated to the employment of staff.

†PART 2—EMPLOYMENT OF STAFF ANDPERSONNEL PRACTICES

˙Employment of staff

1129.(1) A local government—

(a) must appoint and employ an individual as its chief executiveofficer; and

(b) may employ other employees for the exercise of its jurisdiction oflocal government.

(2) The chief executive officer is to appoint the other employees of thelocal government.

(3) However, the local government may decide that it, rather than thechief executive officer, is to appoint employees to fill particular seniorexecutive positions.

s 1130 646


s 1130

(4) In appointing employees, the chief executive officer must actconsistently with—

(a) the corporate structure approved by the local government; and

(b) the resources the local government has decided to allocate to theemployment of staff.

(5) The terms of employment of a local government’s employees are tobe decided by it.

(6) However, subsection (5) has effect subject to any relevant industrialaward or agreement.

˙Personnel practices

1130.(1) A local government must comply with the following principlesin its personnel practices—

(a) processes for appointing persons to positions are to be directedtowards ensuring proper assessment of merit of each applicant;

(b) employees are to be treated fairly and equitably without resort toarbitrary action, irrelevant personal preference or coercion;

(c) employees are to be given, as far as practicable, effectiveeducation, training and development directed to betterorganisational and individual performance.

(2) A regulation may—

(a) require each local government to adopt and implement a plan forequal opportunity in employment; and

(b) state criteria the Minister must consider before granting anexemption to a local government from complying with arequirement under paragraph (a).

(3) A regulation under subsection (2)(a) does not apply to a localgovernment if—

(a) the Minister, after considering the criteria set out in the regulation,exempts the local government from complying with theregulation; and

s 1131 647


s 1132

(b) the local government complies with any conditions of theexemption.

†PART 3—CHIEF EXECUTIVE OFFICER ANDOTHER EMPLOYEES

˙Role of chief executive officer

1131.(1) The chief executive officer of a local government has the role ofimplementing the local government’s policies and decisions.

(2) On a day-to-day basis, the chief executive officer’s role includesmanaging the local government’s affairs.

(3) The chief executive officer alone is responsible for—

(a) organising the presentation of reports and reporting to the localgovernment; and

(b) conducting correspondence between the local government andother persons; and

(c) managing and overseeing the administration of the localgovernment and its corporate plan; and

(d) coordinating the activities of all employees of the localgovernment.

(4) The chief executive officer has—

(a) all the powers necessary for performing the chief executiveofficer’s role; and

(b) the powers the local government specifically delegates to the chiefexecutive officer.

˙Delegation by chief executive officer

1132.(1) The chief executive officer of a local government may delegatethe chief executive officer’s powers (including powers delegated to the chiefexecutive officer by the local government) to another employee of the local

s 1133 648


s 1134

government.

(2) However, the chief executive officer may not delegate—

(a) a power delegated by the local government if the localgovernment has directed the chief executive officer not to furtherdelegate the power; or

(b) a power under section 247 (Registers of interests) or 1139(Registers of interests).

(3) All delegations made by the chief executive officer must be recordedin a register of delegations kept by the chief executive officer.

(4) The register must contain the particulars prescribed by regulation.

(5) The register is open to inspection.


“employee” of a local government includes—

(a) a person who contracts with it to provide services to it; and

(b) a person prescribed by regulation.

˙Selection of chief executive officer

1133.(1) In selecting a person to be its chief executive officer, a localgovernment must have regard to—

(a) the role of the chief executive officer; and

(b) the extent of its resources and jurisdiction of local government.

(2) A local government must appoint as its chief executive officer aperson with enough ability, experience, knowledge and skills to effectivelyperform the chief executive officer’s role.

˙Acting chief executive officer

1134. A local government may appoint a person to act as its chiefexecutive officer during—

(a) any vacancy, or all vacancies, in the position; or

(b) any period, or all periods, when the chief executive officer is

s 1135 649


s 1137

absent from duty or cannot, for another reason, perform theposition’s duties.

˙Requests to employees for help or advice

1135.(1) A local government councillor may ask for help or advicefrom—

(a) the chief executive officer; or

(b) if the request is made under guidelines made by the chiefexecutive officer—another employee of the local government.

(2) If a councillor asks for help or advice from another employee of thelocal government other than under guidelines made by the chief executiveofficer, the employee must tell the chief executive officer about the requestas soon as is practicable.

(3) However, the mayor of the local government may ask for reasonablehelp or advice from any employee.



(a) a person who contracts with the local government to provideservices to it; and


˙Role of other local government employees

1136. The employees of a local government, under the chief executiveofficer’s direction, help the chief executive officer to implement the localgovernment’s policies and decisions.

˙Concurrent employment of local government employees

1137.(1) An employee of a local government, other than its chiefexecutive officer—

(a) may hold more than 1 position under the local government; and

(b) may, with the agreement of each of the local governments

s 1138 650


s 1139

concerned, be employed by more than 1 local government.

(2) The chief executive officer of a local government may not—

(a) hold more than 1 position under the local government; or

(b) be employed by another local government.

(3) However, the chief executive officer of a component localgovernment also may hold a position under the joint local government.

†PART 4—OBLIGATIONS OF LOCAL GOVERNMENTEMPLOYEES

˙Integrity of local government employees

1138. An employee of a local government must—

(a) act with integrity in the position held by the employee; and

(b) act in a way that shows a proper concern for the public interest.

˙Registers of interests

1139.(1) The mayor of the local government must keep—

(a) a register of interests of the chief executive officer; and

(b) a register of interests of the persons who, under a regulation, arerelated to the chief executive officer.

(2) The chief executive officer must keep—

(a) a register of interests of each senior executive officer; and

(b) a register of interests of other employees of the local governmentdecided by the local government; and

(c) a register of interests of the persons who, under a regulation, arerelated to the persons mentioned in paragraphs (a) and (b).

(3) A register—

(a) must relate to only 1 person; and

s 1140 651


s 1140

(b) must contain the financial and non-financial particulars prescribedby regulation.

(4) If the chief executive officer knows—

(a) of an interest that the mayor must record in a register of interestskept under subsection (1) in relation to the chief executive officeror a person who, under a regulation, is related to the chiefexecutive officer (a “related person”); or

(b) that particulars of an interest recorded in a register kept undersubsection (1) about the chief executive officer or a related personare no longer correct;

the chief executive officer must tell the mayor of the interest, or the correctparticulars, in accordance with the regulations.


(5) If another local government employee knows—

(a) of an interest that the chief executive officer must record in aregister of interests kept under subsection (1) in relation to theemployee or a person who, under a regulation, is related to theemployee (a “related person”); or

(b) that particulars of an interest recorded in a register kept undersubsection (1) about the employee or a related person are nolonger correct;

the employee must tell the chief executive officer of the interest, or thecorrect particulars, in accordance with the regulations.






˙Access to register of interests

1140.(1) A register kept by the mayor or chief executive officer (the

s 1141 652


s 1141

“keeper of the register”) of a local government is not open to inspectionother than by—

(a) a councillor of the local government; or

(b) the chief executive officer; or

(c) a person permitted by law to have access to information in theregister, or the person’s agent.

(2) A person seeking access to a register must apply in writing to thekeeper of the register.

(3) The keeper of the register must record—

(a) the name and home or business address of each person givenaccess to the register; and

(b) the day the access is given.

(4) The keeper of the register must advise—

(a) if the keeper of the register is the mayor—the chief executiveofficer of any access given to the chief executive officer’s registerand any register of a person who, under a regulation, is related tothe chief executive officer; and

(b) if the keeper of the register is the chief executive officer—anemployee of any access given to the employee’s register and anyregister of a person who, under a regulation, is related to theemployee.

(5) A person must not knowingly disclose information obtained from aregister to a person other than a person mentioned in subsection (1)(a), (b)or (c).


˙Queries on content of register

1141.(1) A person who suspects on reasonable grounds that a registerdoes not contain particulars that should be in the register may inform thekeeper of the register.

(2) The keeper of the register must immediately inform the employeeconcerned.

s 1142 653


s 1142

(3) The employee must, within 30 days of being informed—

(a) if the register needs to be amended—give the keeper of theregister the appropriate particulars in writing; or

(b) if the register does not need to be amended—

(i) complete a statutory declaration to the effect that theparticulars in the register are a true record of fact; and

(ii) give the statutory declaration to the keeper of the register.






˙Disclosure of employee’s interest in particular issues

1142.(1) An employee of a local government who has a materialpersonal interest in an issue to be, or being, dealt with by the employee inthe course of the employee’s duties—

(a) must immediately inform the chief executive officer, in writing,of the interest; and

(b) must not deal with, or further deal with, the issue except under thechief executive officer’s written directions.


(2) If the employee mentioned in subsection (1) is the chief executiveofficer, the references in paragraphs (a) and (b) to the chief executive officerare taken to be references to the mayor.



(a) a person who provides services to the local government under a

s 1143 654


s 1143

contract; and


˙Improper conduct by local government employees

1143.(1) A local government employee must not ask for or accept a feeor another benefit (other than remuneration paid by the local government)for doing something as a local government employee.


(2) A person who is or has been a local government employee must notmake improper use of information acquired as a local governmentemployee—

(a) to gain, directly or indirectly, an advantage for the person orsomeone else; or

(b) to cause harm to the local government.


(3) A local government employee must not wilfully destroy or damageproperty or records of the local government.


(4) A person who is or has been a local government employee must notrelease information the person knows, or should reasonably know, isinformation that—

(a) is confidential to the local government; and

(b) the local government wishes to keep confidential.




(a) a person who provides services to the local government under acontract; and


s 1144 655


s 1147

˙Indemnity for local government employees

1144.(1) A local government employee does not incur civil liability foran act or omission done honestly and without negligence under this Act.

(2) A liability that would, apart from this section, attach to a localgovernment employee attaches instead to the local government.

†PART 5—DISCIPLINARY ACTION

˙Limitations on who may take disciplinary action

1145. Disciplinary action against an employee of a local governmentmay be taken only by the appointer of the employee.

˙When disciplinary action may be taken

1146. The appointer of a local government employee may takedisciplinary action against the employee if the appointer is satisfied theemployee—

(a) has engaged in misconduct; or

(b) has been incompetent or neglected the employee’s duty.

˙Types of disciplinary action

1147.(1) Disciplinary action against an employee of a local governmentmay be—

(a) dismissal; or

(b) demotion; or

(c) a deduction from salary or wages of an amount of not more than2 penalty units; or

(d) a written reprimand.

(2) Not later than 2 years after a local government takes disciplinary

s 1148 656


s 1149

action against an employee, it must destroy any record it has of thedisciplinary action taken.

˙Deductions from salary or wages

1148. If disciplinary action taken against a local government employeeconsists of a deduction from the salary or wages of the employee, the localgovernment may make the deduction—

(a) if no appeal is brought against the disciplinary action—once theperiod for starting an appeal against the disciplinary action hasended; or

(b) if an appeal is brought against the disciplinary action and thedecision on the appeal confirms the deduction or changes theamount of the deduction—once notice of the decision is given tothe employee; or

(c) if an appeal is brought against the disciplinary action and thedecision on appeal changes the disciplinary action to a deductionfrom the salary or wages of the employee—once notice of thedecision is given to the employee; or

(d) if an appeal is brought against the disciplinary action and theappeal is discontinued or struck out—once the appeal isdiscontinued or struck out.

˙Suspension of employees

1149.(1) If it appears on reasonable grounds to the appointer of a localgovernment employee that the employee is liable to disciplinary actionunder section 1146 (When disciplinary action may be taken), the appointermay suspend the employee from duty.

(2) If disciplinary action is not taken against an employee who issuspended from duty within 14 days after the suspension happens, thesuspension stops.

(3) Suspension of an employee from duty does not affect—

(a) the continuity of the employee’s service in employment with thelocal government; and

s 1150 657


s 1150

(b) the entitlements previously accrued to the employee fromemployment with the local government; or

(c) the accrual of entitlements to the employee during the period ofsuspension.

(4) A suspended employee must be paid the employee’s fullremuneration as at the start of the suspension for the period of suspensionif—

(a) the disciplinary action taken against the employee is other thandismissal; or

(b) if the disciplinary action taken against the employee isdismissal—on an appeal under any Act, an order is made for theemployee’s reinstatement or re-employment; or

(c) no disciplinary action is taken against the employee.

(5) A suspended employee must not be paid remuneration while thesuspension is in force.

˙Employee to be given notice of grounds for disciplinary action

1150.(1) A local government employee against whom disciplinary actionis taken must, when the employee is given notice of the disciplinary actiontaken, be given written notice of—

(a) the grounds on which the action is taken; and

(b) the particulars of conduct claimed to support the grounds.

(2) The grounds and particulars are taken to be the only grounds andparticulars for the disciplinary action taken, and no other ground orparticular of conduct can be advanced in any proceeding to support thedisciplinary action.

s 1151 658


s 1154

†PART 6—APPEALS ABOUT DISCIPLINARY ACTION

˙Appeal against disciplinary action

1151.(1) A local government employee who is dissatisfied withdisciplinary action taken against the employee may appeal to an appealtribunal.

(2) However, an employee may not appeal to an appeal tribunal if thedisciplinary action taken against the employee is dismissal.

(3) This section does not prevent an employee from seeking relief againsta dismissal under the Industrial Relations Act 1990.

˙Formation of appeal tribunal

1152. An appeal tribunal for this part is formed by a person, appointedby the Minister, who is independent of the local government and theemployee.

˙Secretary of appeal tribunals

1153.(1) The chief executive of the department is the secretary of eachappeal tribunal formed under this part.

(2) A regulation may provide for—

(a) how the chief executive is to help appeal tribunals to operate; and

(b) how the chief executive is to advise parties of the results ofappeals; and

(c) certification by the chief executive of amounts payable by personsunder this part; and

(d) the use of the certificates in proceedings for the recovery of theamounts.

˙Expenses of tribunal

1154.(1) A person forming an appeal tribunal is entitled to be paid thesalary, fees and allowances decided by the Governor in Council.

s 1155 659


s 1156

(2) A local government whose employee appeals under this part to anappeal tribunal must meet—

(a) all expenses properly incurred by the appeal tribunal (includingsalaries, fees and allowances payable to the person forming theappeal tribunal); and

(b) the cost to the department of providing the services of a secretaryand other necessary administrative services to the appeal tribunal.

˙Grounds of appeal

1155. An appeal to an appeal tribunal may be brought on 1 or more ofthe following grounds—

(a) there has been a failure to comply with procedures required bylaw for taking disciplinary action against the appellant;

(b) the appellant is innocent of the matter claimed as grounds for thedisciplinary action;

(c) the grounds for the disciplinary action are unreasonable orinsufficient;

(d) the disciplinary action taken is excessive.

˙Decisions open to appeal tribunal

1156.(1) On an appeal the appeal tribunal may—

(a) if the appeal is against demotion—allow the appeal and orderreinstatement of the appellant in the position held by the appellantimmediately before demotion, without loss of service; or

(b) allow the appeal, set aside the disciplinary action taken and orderthe taking of the disciplinary action that, in the tribunal’s opinion,should be taken against the appellant; or

(c) if the appeal is against disciplinary action other thandemotion—allow the appeal and set aside the disciplinary actiontaken; or

(d) dismiss the appeal and confirm the disciplinary action taken.

(2) If an appeal tribunal is satisfied that an appellant was not given

s 1157 660


s 1159

written notice under section 1150 (Employee to be given notice of groundsfor disciplinary action), the tribunal must allow the appeal and order that theappellant be restored, in all respects, to a position no less favourable than theappellant would have been in if the disciplinary action had not been taken.

(3) In assessing whether disciplinary action is excessive, an appealtribunal may have regard to the appellant’s employment record.

˙Duties of appeal tribunal

1157. In hearing an appeal, the appeal tribunal—

(a) must observe natural justice; and

(b) must act as quickly, and with as little formality and technicality,as is consistent with a fair and proper consideration of the issues.

˙How to start an appeal

1158.(1) An appeal is started by—

(a) filing a written notice of appeal with the chief executive of thedepartment; and

(b) giving a copy of the notice to the local government.

(2) The notice of appeal must be filed within 1 month after the employeeis given notice of the disciplinary action taken.

(3) However, if an appeal is filed late—

(a) the Minister still must appoint a person to form an appeal tribunalfor the appeal; and

(b) whether or not the appeal is heard is in the discretion of the appealtribunal.

(4) The notice of appeal must state the grounds of appeal.

˙Appeal tribunal may decide procedures

1159.(1) The appeal tribunal—


s 1160 661


s 1161

(b) may inform itself in any way it considers appropriate; and

(c) may decide the procedures to be followed before the appeal starts,and in the appeal.

(2) However, the appeal tribunal must comply with this part and anyprocedural rules prescribed by regulation.

˙Preliminary hearing of appeals

1160.(1) Without limiting section 1159(1)(c) (Appeal tribunal maydecide procedures), the appeal tribunal may conduct a preliminary hearingof an appeal to decide interlocutory and other preliminary matters.

(2) In a preliminary hearing, the appeal tribunal may—

(a) make orders for the conduct of the appeal; or

(b) require parties to make discovery or permit inspection ofevidentiary material; or

(c) require parties to file pleadings; or

(d) give a party leave to be represented by counsel or a solicitor; or

(e) strike out the appeal because it is frivolous or vexatious.

˙Appeal tribunal’s powers

1161. In hearing an appeal, the appeal tribunal may—

(a) act in the absence of a person who has been given reasonablenotice; and

(b) receive evidence on oath or by statutory declaration; and

(c) adjourn the appeal; and

(d) permit a document to be amended; and

(e) disregard any defect, error, omission or insufficiency in adocument; and

(f) give a party leave to be represented by counsel or a solicitor.

s 1162 662


s 1164

˙Prosecution of appeal

1162.(1) An appeal must be prosecuted diligently.

(2) An appeal tribunal may strike out an appeal if it considers theappellant is not prosecuting the appeal diligently.

(3) An appeal may be discontinued by the appellant by written noticegiven to the appeal tribunal and to the respondent.

˙Notice to witness

1163.(1) The person forming the appeal tribunal may, by written noticegiven to a person, require the person to attend an appeal at a specified timeand place to give evidence or produce specified documents.

(2) A person required to appear as a witness before an appeal tribunal isentitled to the witness fees prescribed by regulation or, if no witness fees areprescribed, the reasonable witness fees decided by the appeal tribunal.

(3) Fees to which a witness is entitled under subsection (2) must be paidto the witness—

(a) if the witness is called by the appellant to give evidence—by theappellant; and

(b) if the witness is not called by the appellant—by the localgovernment.

˙Duty of witness at appeal

1164.(1) A person appearing as a witness at an appeal must not—

(a) fail to take an oath or make an affirmation when required by theappeal tribunal; or

(b) fail, without reasonable excuse, to answer a question the person isrequired to answer by the appeal tribunal; or

(c) fail, without reasonable excuse, to produce a document the personis required to produce by a notice under section 1163(1) (Noticeto witness).


s 1165 663


s 1168

(2) It is a reasonable excuse for a person to fail to answer a question orproduce a document if answering the question or producing the documentmight tend to incriminate the person.

˙Leave for attending an appeal

1165.(1) A local government must give leave of absence on full pay toan employee who—

(a) gives evidence at an appeal; or

(b) is the agent of the appellant at an appeal.

(2) The leave of absence must be for the period reasonably necessary forattending the appeal.

˙Contempt of appeal tribunal

1166. A person must not—

(a) insult the person forming the appeal tribunal in an appeal; or

(b) deliberately interrupt an appeal; or

(c) create or continue, or join in creating or continuing, a disturbancein or near a place where the appeal tribunal is conducting anappeal; or

(d) do anything that would be a contempt of court if the personforming the appeal tribunal were a judge acting judicially.


˙Change of person forming appeal tribunal

1167. An appeal is not affected by a change in the person forming theappeal tribunal.

˙Costs of appeal

1168.(1) An appeal tribunal may make an order for payment of costs ofan appeal as it considers just.

s 1169 664


s 1169

(2) Unless an appeal tribunal’s order states otherwise, costs of aproceeding on an appeal are on the scale that applies to taxation of costs inthe District Court.

(3) In making an order for payment of costs, an appeal tribunal mayorder—

(a) the local government to reimburse the appellant for some or all ofthe amounts payable by the appellant under section 1163(3)(Notice to witness); or

(b) the appellant to reimburse the local government concerned forsome or all of the amounts payable by the local governmentunder—

(i) section 1163(3); or

(ii) if the appeal tribunal, having heard the evidence in theappeal, considers that the appeal was vexatious orfrivolous—section 1154(2) (Expenses of tribunal).

˙Recovery on orders of appeal tribunal

1169.(1) An order of an appeal tribunal for payment of costs must be inwritten form and a copy of the order must be given to—

(a) the appellant; and

(b) the local government.

(2) A document purporting to be a copy of an order of an appeal tribunalfor payment of a stated amount of costs may be filed in the registry of acourt having jurisdiction in an action for debt in the amount stated in theorder, and enforced as an order of the court.

(3) If an order of an appeal tribunal for payment of costs does not statethe amount to be paid, the costs payable may be recovered by action in acourt of competent jurisdiction as a debt payable by the person by whomthe costs are ordered to be paid, to the person to whose benefit the orderwas made.

s 1170 665


s 1170

†CHAPTER 17—SUPERANNUATION

†PART 1—INTERPRETATION

˙Definitions


“approved scheme” see section 1190.

“audit”, of a superannuation scheme, means an audit required under theCommonwealth Superannuation Act.

“board” means the Queensland Local Government Superannuation Board.

“Commonwealth Superannuation Act” means the SuperannuationIndustry (Supervision) Act 1993 (Cwlth).

“contributory member”, of the scheme, means a member who is requiredto make contributions for membership of the scheme.

“election notice”, for an employee of a local government, means a writtennotice given to the local government and board by the employeeelecting to become a permanent employee for this chapter.

“eligible member” see section 1181(1).

“employees’ scheme” means the Local Government Employees’Superannuation Scheme under the repealed Act.

“local government” includes a local government entity.

“local government entity” means an entity—

(a) that—

(i) under an Act, exercises a power similar to a localgovernment power; or

(ii) under an Act, exclusively performs a function in relation tothe system of local government; or

(iii) exclusively exercises a local government power for a localgovernment; and

(b) that is prescribed under the regulations to be a local government

s 1170 666


s 1170

entity for this chapter.

“local government power” means a power that may be exercised by alocal government in exercising its jurisdiction of local government.

“member” means a member of the scheme.

“non-contributory member”, of the scheme, means a member who is notrequired to make contributions for membership of the scheme.

“permanent employee”, of a local government, see section 1171.

“prescribed number”, of directors, see section 1178(1).

“relevant person” means a person (other than an eligible member) who—

(a) works for, or provides a service to, a local government; and

(b) is prescribed under the regulations as a relevant person.

“relevant persons scheme” means a superannuation scheme providingsuperannuation, retirement or other similar benefits for relevantpersons.

“repealed Act” means the Local Government Superannuation Act 1985.

“salary”, of an employee, means the employee’s salary under the trustdeed.

“scheme” means the Local Government Superannuation Scheme.

“special permanent employee”, of a local government, means apermanent employee who, immediately before the commencement,was required under the repealed Act to make contributions formembership of the employees’ scheme at the rate of 5% of theemployee’s salary.

“standard permanent employee”, of a local government, means apermanent employee who—

(a) immediately before the commencement, was required under therepealed Act to make contributions for membership of theemployees’ scheme at the rate of 6% of the employee’s salary; or

(b) starts employment after the commencement.

“trust deed” see section 1180(2).

s 1171 667


s 1171

˙Meaning of “permanent employee”

1171.(1) A “permanent employee” of a local government (other than alocal government entity) is an employee of the local government who—

(a) has been continuously employed by the local government, or thelocal government and other local governments consecutively, forat least 1 year; or

(b) has—

(i) been continuously employed by the local government, or thelocal government and other local governmentsconsecutively, for less than 1 year; and

(ii) given an election notice to the local government and board.

(2) However, if an employee is solely employed by a local governmentto carry out work on a particular job or project and the employee’semployment is dependent on the time taken to carry out the job or project,the employee is not a permanent employee.

(3) For subsection (1), an employee is not continuously employed if—

(a) the employee’s employment is broken by at least 60 consecutivedays when the employee was not employed, and is not in aposition to accept an offer of employment, by a local government;or

(b) the board is satisfied the employee is no longer employed by alocal government and has no intention of taking up employmentwith a local government.

(4) An employee of a local government entity is also a permanentemployee if the entity declares the employee to be a permanent employeefor this chapter by written notice given to the board.

s 1172 668


s 1175

†PART 2—QUEENSLAND LOCAL GOVERNMENTSUPERANNUATION BOARD

†Division 1—Establishment, functions and powers of board

˙Establishment of board

1172. The board established under the repealed Act is continued inexistence under the name, Queensland Local Government SuperannuationBoard.

˙Legal status of board

1173.(1) The board—

(a) is a body corporate; and

(b) has a seal; and

(c) may sue and be sued in its corporate name.

(2) Judicial notice must be taken of the imprint of the board’s sealappearing on a document and the document must be presumed to have beenproperly sealed unless the contrary is established.

˙Board’s functions

1174. The board’s functions are—

(a) to act as trustee of the scheme; and

(b) to manage approved schemes; and

(c) to act as trustee of, and establish and act as trustee of, relevantpersons schemes.

˙Board’s powers

1175.(1) The board may do all things necessary or convenient to be donefor, or in connection with, the performance of its functions.

(2) Without limiting subsection (1), the board—

s 1176 669


s 1178

(a) has the powers given to it by this chapter; and

(b) has, in the performance of its functions, all the powers of anindividual.

(3) It may, for example—


(b) acquire, hold, deal with and dispose of property.

†Division 2—Board of directors

˙Board of directors

1176. There is a board of directors of the board.

˙Role of the board of directors

1177.(1) The board of directors is responsible for how the boardperforms its functions and exercises its powers.

(2) Without limiting subsection (1), it is the role of the board of directorsto ensure the board performs its functions in a proper, effective and efficientway.

˙Composition of board of directors


“prescribed number” of directors means 3 or, if another number isprescribed under the regulations, the other number.

(2) The board of directors is to consist of—

(a) the prescribed number of directors appointed on the nominationof the Local Government Association; and

(b) the prescribed number of directors appointed on the nominationof members of the scheme; and

(c) if the trust deed provides for the appointment of an additionalindependent director and an independent director is

s 1179 670


s 1180

appointed—the appointed independent director.

(3) The directors must be appointed under rules established to complywith the Commonwealth Superannuation Act.205


˙Delegation of board’s powers

1179. The board may delegate its powers to an employee of the board.

†PART 3—LOCAL GOVERNMENTSUPERANNUATION SCHEME

†Division 1—Continuation and membership of scheme

˙Scheme continued

1180.(1) The Local Government Employees’ Superannuation Schemeestablished under the repealed Act is continued in existence under the name,Local Government Superannuation Scheme.

(2) Rules governing the operation of the scheme must be set out in a trustdeed made by the board (the “trust deed”).

(3) Without limiting subsection (2), the trust deed must contain provisionabout matters that, under the Commonwealth Superannuation Act, must becontained in the governing rules of regulated funds within the meaning ofthat Act.

205 See sections 107 (Duty of trustee of employer-sponsored fund to establishprocedure for appointing member representatives) and 108 (Duty of trustee ofemployer-sponsored fund to establish procedure for appointing independenttrustee or independent member of board of directors of corporate trustee).

s 1181 671


s 1182

˙Membership of scheme

1181.(1) The following persons are eligible to be members of thescheme (“eligible members”)—

(a) a councillor of a local government;

(b) an employee of a local government or the board;

(c) a contractor of a local government;

(d) a member of the governing body of a local government entity;

(e) another person for whom a local government or the board isrequired under the Superannuation Guarantee (Administration)Act 1992 (Cwlth) to contribute to a superannuation scheme;

(f) another person prescribed under the regulations.

(2) An employee of a local government (other than a local governmententity) or the board must be a member of the scheme.

†Division 2—Contributions for permanent employees

˙Local governments’ liability for permanent employees

1182.(1) A local government that employs a permanent employee mustpay to the scheme yearly contributions for the employee within the timestated in the trust deed.

(2) The yearly contributions for the employee are calculated at thefollowing rates—

(a) if the employee is a special permanent employee—

(i) for the year starting 1 July 1995—15% of the employee’ssalary; or

(ii) for the year starting 1 July 1996—15.5% of the employee’ssalary; or

(iii) for each later year—16% of the employee’s salary;

(b) if the employee is a standard permanent employee—

(i) for the year starting 1 July 1995—17% of the employee’ssalary; or

s 1183 672


s 1185

(ii) for the year starting 1 July 1996—17.5% of the employee’ssalary; or

(iii) for each later year—18% of the employee’s salary.

(3) The yearly contributions include contributions required to be paid tothe scheme for the member under an industrial agreement or award.

˙Permanent employees’ liability for contributions

1183.(1) A permanent employee of a local government for whom thelocal government is required to pay yearly contributions to the scheme mustpay to the local government yearly contributions calculated at the followingrate—

(a) if the employee is a special permanent employee—5% of theemployee’s salary;

(b) if the employee is a standard permanent employee—6% of theemployee’s salary.

(2) Subsection (1) does not apply if, under the employee’s remunerationagreement with the local government, a contribution equivalent to thecontribution mentioned in subsection (1) is made by the local governmentin addition to any contribution the local government is required to makeunder this Act.

˙Additional contributions to scheme

1184.(1) A member, or local government for a member, may makeadditional contributions to the scheme to secure additional benefits under thetrust deed.

(2) Subsection (1) has effect subject to section 238.206

˙Contributions may be deducted from employees’ salaries

1185.(1) A local government may deduct the amount of an employee’scontributions or any part of them from the employee’s salary or other

206 Section 238 (Superannuation benefits for councillors)

s 1186 673


s 1187

amount owing to it by the employee.

(2) Subsection (1) applies despite any other Act.

˙Adjustment of contributions because of change in salary

1186.(1) The board may, by written notice given to a local government,require the local government to give the board the salary details for each ofthe local government’s permanent employees as at 1 January or 1 July in astated year.

(2) The local government must comply with the notice.

(3) If a permanent employee’s salary has changed, the board must—

(a) calculate the yearly contributions payable for the employee basedon the employee’s new salary; and

(b) give written notice of the amount of contributions payable for theemployee to the local government.

(4) The contributions stated in the notice become payable for theemployee from the time stated in the notice.

(5) However, if the employee’s salary has decreased and the employeegives written notice to the board that the employee wants to paycontributions as if the employee’s salary had not decreased, the board mustcalculate the yearly contributions payable for the employee based on theemployee’s former salary.

(6) The employee’s notice must be given within the time stated in thetrust deed.

†Division 3—Contributions for non-contributory members

˙Local governments’ liability for non-contributory members

1187.(1) A local government that employs a non-contributory membermust pay to the scheme all superannuation contributions required to be paidto the scheme for the member under an industrial agreement or award.

(2) A local government (other than a local government entity) thatemploys a non-contributory member must pay to the scheme all

s 1188 674


s 1190

superannuation contributions required to be paid for the member under anAct of the State or Commonwealth.


˙Interest payable on outstanding contributions

1188.(1) If a local government does not pay an amount to the schemewithin the time stated under the trust deed, interest is payable on the amountby the local government to the scheme.

(2) Interest is payable at the rate prescribed under the regulations andcalculated on a daily basis.

(3) However, the board may waive the payment of interest.


˙Prohibition on local governments establishing certain superannuationschemes

1189.(1) A local government must not establish or join in establishing asuperannuation scheme for the benefit of its employees.207

(2) Subsection (1) does not apply to a local government entity.

˙Management of other superannuation schemes

1190. With the Governor in Council’s approval, the board may manageanother superannuation scheme (an “approved scheme”) for the scheme’strustee.

207 For superannuation schemes for councillors, see section 238 (Superannuationbenefits for councillors).

s 1191 675


s 1194

˙Relevant persons superannuation schemes

1191. With the Governor in Council’s approval, the board may—

(a) act as trustee of a relevant persons scheme; or

(b) establish, and act as trustee of, a relevant persons scheme.

˙Auditor-general’s role

1192. An audit of a superannuation scheme for which the board acts astrustee must be carried out by the auditor-general.

˙Application of chapter to board’s employees

1193. For eligible members who are board employees, this chapterapplies to the board with all necessary changes and any changes prescribedunder the regulations.

†CHAPTER 18—GENERAL

†PART 1—LOCAL GOVERNMENT ASSOCIATION

˙Establishment of corporation

1194.(1) The Local Government Association of Queensland(Incorporated) is established under this Act.

(2) The Local Government Association—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its name.

(3) The Local Government Association has, in the performance of itsobjects and functions, all the powers of an individual.

(4) It may, for example—

s 1195 676


s 1197


(b) acquire, hold, deal with and dispose of property.

(5) Judicial notice must be taken of the imprint of the Local GovernmentAssociation’s seal appearing on a document and the document must bepresumed to have been properly sealed unless the contrary is established.

˙Rules

1195.(1) The Local Government Association may, by resolution, makerules with respect to—

(a) all matters necessary or convenient for the management of theassociation; and

(b) payment to the association by each local government that is amember of annual subscriptions and of levies fixed by an entityspecified under the rule.

(2) A rule is not subordinate legislation.

(3) A rule has effect only if approved by the Governor in Council.

(4) If the Local Government Association makes a rule, it must give to theMinister a copy of its resolution making the rule and a statement of thereasons for the rule.

(5) If the Governor in Council approves the rule, notice of the approvaland of the rule must be published in the gazette.

˙Litigation of common interest

1196.(1) A local government may contribute to the Local GovernmentAssociation amounts towards expenses of litigation for matters of commoninterest to local governments.

(2) The Local Government Association may pay amounts towardsexpenses of litigation for matters of common interest to local governments.

˙When payments by local governments are payable

1197.(1) An amount payable for any purpose to the Local GovernmentAssociation by a local government is payable within 30 days after a written

s 1198 677


s 1200

notice signed by the executive director of the association specifying theamount payable is given to the chief executive officer of the localgovernment.

(2) An unpaid amount is a debt payable by the local government to theLocal Government Association.

˙Accounts

1198. The Local Government Association must keep—

(a) full and accurate accounts of all amounts received or paid by it;and

(b) an accurate record of the purposes for which the amounts havebeen received or paid.

˙Annual balance and audit

1199.(1) In each financial year, the Local Government Association mustprepare an annual account as at the date fixed under its rules.

(2) The annual account must—

(a) be prepared as soon as practicable after the date mentioned insubsection (1); and

(b) show a true statement of the Local Government Association’sreceipts and payments during the previous year; and

(c) show the balance of the account.


˙Delegation by Minister

1200. The Minister may delegate the Minister’s powers under this Act oranother local government Act to an officer of the department.

s 1201 678


s 1205

˙Delegation by chief executive of department

1201. The chief executive of the department may delegate the chiefexecutive’s powers under this Act or another local government Act to anofficer of the department.

˙Approval of forms

1202. The chief executive may approve forms for use under this Act.

˙Regulation-making power

1203. The Governor in Council may make regulations under this Act.

˙Declaration of existing electoral wards of City of Brisbane

1204.(1) On or before 1 March 1997, a regulation must be madedeclaring the existing names and boundaries of the electoral wards of theCity of Brisbane.


“existing names and boundaries” means the names and boundaries inforce immediately before the commencement of this section.

˙Application of Freedom of Information Act and Judicial Review Act

1205.(1) This section applies to the Brisbane City Council.

(2) The Freedom of Information Act 1992 does not apply to a documentreceived or brought into existence by a corporatised corporation in carryingout its excluded activities.

(3) The Judicial Review Act 1991 does not apply to a decision of acorporatised corporation made in carrying out its excluded activities.

(4) A regulation may declare the activities of a corporatised corporationthat are taken to be, or are taken not to be, activities conducted on acommercial basis.


“commercial activities” means activities conducted on a commercial basis.

s 1206 679


s 1206

“community service obligations” has the same meaning as in section 677.

“corporatised corporation” has the same meaning as in chapter 8, part 7.

“excluded activities” means—

(a) commercial activities; or

(b) community service obligations prescribed under a regulation.

†CHAPTER 19—TRANSITIONAL, VALIDATIONAND SAVINGS PROVISIONS, REPEALS AND

AMENDMENTS

†PART 1—TRANSITIONAL, VALIDATION ANDSAVINGS PROVISIONS


˙Definitions


“pre-existing law” means—

(a) a by-law or ordinance, made by a local government, as in forceimmediately before the commencement of chapter 12 (Local lawsand local law policies); or

(b) a by-law or ordinance made under section 1213 (Status ofproposed laws).

“repealed Local Government Act” means the Local Government Act1936 as in force immediately before it was repealed.

“unamended City of Brisbane Act” means the City of Brisbane Act 1924as in force immediately before it was amended by this Act.

s 1207 680


s 1208

˙References to “commencement day”

1207. In this part, a reference in a provision to the “commencementday” is a reference to the day the provision commences.

˙References to local authority etc.

1208.(1) A reference in an Act or document—

(a) to a local authority is a reference to a local government; and

(b) to the area of a local authority is a reference to the area of a localgovernment, and includes a reference to the joint localgovernment area of a joint local government; and

(c) to a joint local authority board, joint local authority or joint boardis a reference to a joint local government; and

(d) to the area of a joint local authority board, joint local authority orjoint board is a reference to the joint local government area of ajoint local government; and

(e) to the chairman or chairperson of a local authority is a reference tothe mayor of a local government, and includes a reference to thepresident of a joint local government; and

(f) to the deputy chairman or deputy chairperson of a local authorityis a reference to the deputy mayor of a local government, andincludes a reference to a deputy president of a joint localgovernment; and

(g) to the president, chairman or chairperson of a joint local authorityboard, joint local authority or joint board is a reference to thepresident of a joint local government; and

(h) to the deputy president, deputy chairman or deputy chairperson ofa joint local authority board, joint local authority or joint board is areference to the deputy president of a joint local government; and

(i) to an alderman, councillor or member of a local authority is areference to a councillor of a local government, and includes areference to a member of a joint local government; and

(j) to the town clerk, shire clerk or clerk of a local authority (otherthan the Brisbane City Council) is a reference to the chief

s 1209 681


s 1209

executive officer of a local government, and includes a referenceto the chief executive officer of a joint local government; and

(k) to the clerk of a joint local authority board, joint local authority orjoint board is a reference to the chief executive officer of a jointlocal government; and

(l) to a by-law or ordinance of a local government is a reference to alocal law; and

(m) to any fund (other than the trust fund) of a local authority (otherthan the Brisbane City Council) is a reference to the operatingfund of a local government; and

(n) to the director of local government is a reference to the chiefexecutive of the department; and

(o) to the Local Government Act 1936, or the Local Authorities Act1902, is taken to be a reference to this Act.

(2) Subsection (1) does not affect the application of the ActsInterpretation Act 1954, section 14H (References taken to be included incitation of law).

(3) The application of subsection (1) to a reference is not displaced,wholly or partly, merely because the reference is accompanied by areference—

(a) to the Local Government Act 1936, or a provision of that Act, asamended from time to time or as in force at a particular time; or

(b) to a particular time.

†Division 2—Financial operation and accountability

˙Administration of sinking fund for liquidation of current borrowings

1209.(1) The corporation continued in existence by the repealed LocalGovernment Act, section 28(15) under the name ‘Trustees of the LocalAuthorities Debt Redemption Fund’ (the “Trustees”) is continued inexistence under the name ‘Trustees of the Local Governments DebtRedemption Fund’.

(2) Its function is to administer sinking funds for the liquidation of

s 1210 682


s 1213

amounts borrowed by local governments before the commencement day.

(3) The repealed Local Government Act, section 28(15) continues toapply to the Trustees with any necessary changes and any changesprescribed by regulation.

˙Trustees are statutory bodies

1210.(1) Under the Statutory Bodies Financial Arrangements Act 1982,the Trustees of the Local Government’s Debt Redemption Fund are astatutory body.

(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B setsout the way in which the Trustees’ powers under this Act are affected by theStatutory Bodies Financial Arrangements Act 1982.

†Division 3—Local laws and local law policies



˙Status of pre-existing laws

1212. A by-law or ordinance, made by a local government, as in forceimmediately before the commencement of chapter 12 (Local laws and locallaw policies) is a local law (a “pre-existing law”).

˙Status of proposed laws

1213.(1) If a notice under the repealed Local Government Act,section 31(27)(iii) has been published about a proposed by-law before thecommencement of chapter 8 (Local laws and local law policies), the processstated in the repealed Local Government Act, section 31 may be used tomake the by-law.

(2) If a notice under the unamended City of Brisbane Act, section 38(4)has been published about a proposed ordinance before the commencementof chapter 8, the process stated in the unamended City of Brisbane Act,

s 1214 683


s 1214

section 38 may be used to make the ordinance.

(3) A by-law or ordinance made under this section is a local law (a“pre-existing law”).

˙Review of pre-existing law

1214.(1) A local government must review its pre-existing laws toidentify any provision of a pre-existing law that serves no useful purpose (a“redundant provision”).

(2) After reviewing a pre-existing law, the local government must, byresolution, decide whether the pre-existing law contains any redundantprovisions.

(3) On the day of its decision (or as soon as practicable after that day),the local government must advise the Minister of its decision.

(4) If the local government decides the pre-existing law does not containany redundant provisions, a notice about the review must be published inthe gazette stating the following—


(b) the name of the pre-existing law reviewed;

(c) that the pre-existing law was reviewed by it to identify anyprovision that serves no useful purpose but no provision wasidentified;

(d) the date of the local government’s resolution about the review.

(5) If the local government decides the pre-existing law contains aredundant provision, it must, by resolution, make a local law repealing theidentified provision.

(6) A notice of the making of the local law must be published in thegazette stating the following—



(c) the date of the local government’s resolution making the locallaw.

(7) The notice may also state the following—

s 1215 684


s 1216

(a) the name of the pre-existing law reviewed;

(b) that the pre-existing law was reviewed by it to identify anyprovision that serves no useful purpose;

(c) what provision of the pre-existing law was identified andrepealed;

(d) that a certified copy of the local law is open to inspection at thelocal government’s public office and at the department’s Stateoffice.


(9) On the day of notification about the review or the making of the law(or as soon as practicable after that day), the local government must give theMinister—


(b) if a law is made—the required number of certified copies of thelocal law.

(10) Chapter 12 (Local laws and local law policies), part 2 (Making locallaws and policies) does not apply to a local law made under this section.

˙Repeal if no review of pre-existing law

1215. A pre-existing law for which a notice is not published undersection 1214 before 1 July 1999 expires on 1 July 1999.

˙Expiry of division

1216. This division expires on 2 July 1999.

s 1217 685


s 1219

†Division 4—Anti-competitive provisions of existing local laws andexisting local law policies

†Subdivision 1—Preliminary





“cut off day” means—

(a) for a local law or local law policy made before 31 December1997—31 December 1997; or

(b) for a local law made under chapter 12, part 2, division 3 after31 December 1997 and, in making the local law, the localgovernment, before 31 December 1997, complied withsection 480(2)—a later day stated under a regulation.

(2) This division applies to—

(a) a local law or local law policy in force immediately before thecommencement of this section; and

(b) a local law or local law policy made after the commencement butbefore the cut off day if, before 31 December 1997, the localgovernment decided to apply this division to the local law or locallaw policy.

(3) This division does not apply to interim local laws.

(4) This division ceases to apply to a local law or local law policy on thelocal law or local law policy being repealed.

˙Definitions for div 4


“anti-competitive provision”, of an existing local law or existing local law

s 1220 686


s 1221

policy, means a provision that, under a regulation, is treated as creatingbarriers to entry to a market or barriers to competition within a market.

“existing local law” means a local law to which, under section 1218, thisdivision applies.

“existing local law policy” means a local law policy to which, undersection 1218, this division applies.

“likely anti-competitive provision” see section 1220.

“possible anti-competitive provision” see section 1223.

“public interest test” means a review of a possible anti-competitiveprovision of an existing local law or existing local law policy underthis division.

“public interest test report” means the report, includingrecommendations, on a public interest test.

“type 1 or 2 business activity” means a type 1 or 2 business activity underchapter 8.

†Subdivision 2—Anti-competitive provisions of existing local laws andexisting local law policies

˙Preliminary review of existing local laws and existing local law policiesto identify likely anti-competitive provisions

1220.(1) A local government must carry out a preliminary review of itsexisting local laws and existing local law policies and identify any provisionthat it considers may be an anti-competitive provision (a “likelyanti-competitive provision”).

(2) The local government must advise the Minister of the likelyanti-competitive provisions.

˙Timing of preliminary review and advice to Minister

1221. A local government must comply with section 1220 by—

(a) for a local government that carries on a type 1 or 2 business

s 1222 687


s 1223

activity208—

(i) for existing local laws or existing local law policies madebefore the commencement of this section—31 July 1997; or

(ii) for existing local laws or existing local law policies madeafter the commencement—31 December 1997; or

(b) for other local governments—31 December 1997.

˙Local government may decide likely anti-competitive provision is notan anti-competitive provision

1222.(1) This section applies if a local government, at any time before1 January 1998, decides that a likely anti-competitive provision is not ananti-competitive provision.

(2) The local government must, before 1 January 1998, advise theMinister that the likely anti-competitive provision is not an anti-competitiveprovision and the reasons why it is not an anti-competitive provision.

˙Public interest test of possible anti-competitive provisions


“possible anti-competitive provision” means, if a local government hascarried out a preliminary review of an existing local law or an existinglocal law policy under section 1220, the likely anti-competitiveprovisions advised to the Minister under that section other thanprovisions the Minister has been advised under section 1222 are notanti-competitive provisions.

(2) A local government must ensure a public interest test is carried outand a public interest test report prepared for each of its possibleanti-competitive provisions.

(3) A public interest test report must, for each possible anti-competitiveprovision, recommend—

(a) that the provision should be retained as it is not ananti-competitive provision; or

208 Section 545 defines type 1 business activity and type 2 business activity.

s 1224 688


s 1224

(b) for a provision that the report identifies as being ananti-competitive provision—that the whole or part of theprovision—

(i) in the public interest, should be retained (whether in itscurrent or another form); or

(ii) should be repealed or amended to remove itsanti-competitive effect.

(4) For subsection (3), it is in the public interest for an anti-competitiveprovision to be retained (whether in its current or another form) if—


(b) the most appropriate way of achieving the objectives of the locallaw or local law policy is by restricting competition in the wayprovided in the provision.

˙Local government to decide on test and report process

1224.(1) The local government must decide—

(a) how the public interest test is to be conducted; and

(b) the matters with which the public interest test report must deal.

(2) The decision must provide for a consultation process for the publicinterest test and state how the process is to be used in the test.

Example—

A local government may decide that the consultation process concerning possibleanti-competitive provisions must include—

(a) giving notice of the test and inviting submissions about the test; and



(d) consideration of the submissions received about the test.

(3) The decision is subject to a regulation under section 1231.209

209 Section 1231 (Transitional regulation-making power about implementation ofthis division)

s 1225 689


s 1226

˙Public interest test report to be presented to local government meeting

1225. As soon as practicable after a public interest test report iscompleted, it must be presented to a meeting of the local government.

˙Local government to resolve whether to implement recommendationsof public interest test

1226.(1) After a public interest test report has been presented to ameeting of a local government, the local government must resolve whetherto implement the recommendations of the report.

(2) A local government may only make a contrary resolution if the localgovernment resolves—


(b) the most appropriate way of achieving the objectives of theexisting local law or existing local law policy is by restrictingcompetition in the way provided in the provision.

(3) A resolution under subsection (2) must include a statement of thereasons for finding—


(b) the most appropriate way of achieving the objectives of theexisting local law or existing local law policy is by restrictingcompetition in the way provided in the provision.

(4) As soon as practicable after making a resolution under this section,the local government must advise the Minister of its resolution.


“contrary resolution” means a resolution by a local government to—

(a) retain an anti-competitive provision of an existing local law orexisting local law policy despite a recommendation in a publicinterest test report that the provision should be repealed; or

(b) amend an anti-competitive provision of an existing local law orexisting local law policy contrary to a recommendation in a publicinterest test report.

s 1227 690


s 1228

˙Public interest test reports open to inspection

1227. From the day the public interest test report is presented to ameeting of a local government, the report must be open to inspection.

˙Repeal or amendment of anti-competitive provision

1228.(1) If a local government resolves to repeal or amend ananti-competitive provision of an existing local law under this division, itmust, by resolution, make a local law repealing or amending the provision.

(2) If a local government resolves to repeal or amend an anti-competitiveprovision of an existing local law policy under this division, it must, byresolution, make a local law policy repealing or amending the provision.

(3) A notice of the making of the local law or a local law policy must bepublished in the gazette stating the following—

(a) the name of the local government making the local law or locallaw policy;

(b) the name of the local law or local law policy;

(c) the date of the local government’s resolution making the local lawor local law policy;

(d) the name of the existing local law or existing local law policy;

(e) that an anti-competitive provision of the existing local law orexisting local law policy has been identified;

(f) that the provision has been repealed or amended;

(g) that a certified copy of the local law or local law policy is open toinspection at the local government’s public office and at thedepartment’s state office.

(4) The local government’s chief executive officer must certify therequired number of copies of the local law or local law policy to be the locallaw or local law policy as made by the local government.

(5) As soon as practicable after the making of the local law or local lawpolicy, the local government must give the Minister—


(b) the required number of certified copies of the local law or local

s 1229 691


s 1232

law policy.

(6) Chapter 12, part 2210 does not apply to a local law or local law policymade under this section.

˙Timing for resolution and implementation

1229. For an existing local law or existing local law policy, a localgovernment must make a resolution under section 1226 and, if necessary,implement the resolution under section 1228, before 1 July 1999.

˙Simultaneous action under div 3 and other provisions

1230. Actions under this division may be carried out in conjunction withor as part of action carried out under division 3 or chapter 12, part 2,division 5.

˙Transitional regulation-making power about implementation of thisdivision

1231. A regulation may prescribe—

(a) the procedures to be followed and criteria to be used to identifypossible anti-competitive provisions of existing local laws orexisting local law policies; and

(b) requirements for public interest tests and public interest testreports; and

(c) the giving of information by local governments to the Minister.

˙Future identification and assessment of anti-competitive provisions

1232.(1) This section applies to a local law or local law policy for whicha local government has resolved, under this division or chapter 12, part 2,division 5, to retain an anti-competitive provision.

(2) Within 10 years after making the resolution, the local government

210 Chapter 12 (Local laws and local law policies), part 2 (Making local laws andlocal law policies)

s 1233 692


s 1233

must act under this division in relation to the local law or local law policy.

(3) In applying this division for subsection (2)—

(a) references to an “existing local law” mean the local law to whichthe division is being applied under this section; and

(b) references to an “existing local law policy” mean the local lawpolicy to which the division is being applied under this section;and

(c) despite sections 1221 and 1222, all actions to be taken under thisdivision must be completed within 10 years after the making ofthe resolution.

†Division 5—Transitional and savings provisions for amendments underLocal Government Legislation Amendment Act 1996

˙Local government commissioner reports

1233.(1) This section applies for the implementation of a reviewablelocal government matter referred to the local government commissioner fora report if the commissioner’s report on the matter was tabled in theLegislative Assembly before the commencement.

(2) The matter may be implemented and for that purpose chapter 3,part 1, division 10,211 as in force immediately before the commencement,applies.

(3) Terms used in this section have the meaning they had under this Actas in force immediately before the commencement.

211 Chapter 3 (Interaction with the State), part 1 (Reviewable local governmentmatters), division 10 (Implementing reviewable local government matters)

693


†ENDNOTES

´1 Index to endnotes

Page

2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693

3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694

4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694

5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695

6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695

7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698

8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 747

9 Schedule of renumbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 748

´2 Date to which amendments incorporated

This is the reprint date mentioned in the Reprints Act 1992, section 5(c).Accordingly, this reprint includes all amendments that commenced operation on orbefore 9 April 1999. Future amendments of the Local Government Act 1993 may bemade in accordance with this reprint under the Reprints Act 1992, section 49.

694


´3 Key

Key to abbreviations in list of legislation and annotations

AIA = Acts Interpretation Act 1954 pres = presentamd = amended prev = previousamdt = amendment (prev) = previouslych = chapter proc = proclamationdef = definition prov = provisiondiv = division pt = partexp = expires/expired pubd = publishedgaz = gazette R[X] = Reprint No.[X]hdg = heading RA = Reprints Act 1992incl = included reloc = relocatedins = inserted renum = renumberedlap = lapsed rep = repealednotfd = notified s = sectiono in c = order in council sch = scheduleom = omitted sdiv = subdivisionorig = original SIA = Statutory Instruments Act 1992p = page SL = subordinate legislationpara = paragraph sub = substitutedprec = preceding unnum = unnumbered

´4 Table of earlier reprints

TABLE OF EARLIER REPRINTS

[If a reprint number includes a roman letter, the reprint was released in unauthorised,electronic form only.]

Reprint No. Amendments included Reprint date

1 to Act No. 1 of 1994 26 March 19942 to Act No. 77 of 1994 3 April 19953 to Act No. 32 of 1995 7 July 1995

3A to Act No. 81 of 1996 7 April 19973B to Act No. 42 of 1997 31 October 19973C to Act No. 78 of 1997 12 January 19983D to Act No. 21 of 1998 5 June 19984 to Act No. 21 of 1998 1 July 1998

4A to Act No. 31 of 1998 17 September 19984B to Act No. 31 of 1998 14 October 1998

695


´5 Tables in earlier reprints

TABLES IN EARLIER REPRINTS

Name of table Reprint No.

Changed citations and remade laws 3Corrected minor errors 2, 3, 4Obsolete and redundant provisions 2, 3Renumbered provisions 2, 3

´6 List of legislation

Local Government Act 1993 No. 70date of assent 7 December 1993ss 1–3, ch 4 pt 1, ch 5, ch 6 pt 2, s 1114, ch 18 pt 2, ch 19 pt 1 (orig ss 764–5,

div 5, s 800) commenced on date of assentorig ch 14 pt 3 commenced 24 February 1994 (see s 2(1A) and 1994 No. 1)s 481 commenced 1 July 1994 (see s 2(2))remaining provisions commenced on 26 March 1994 (see s 2(5))

as amended by—

Local Government Legislation Amendment Act 1994 No. 1 pts 1, 3date of assent 24 February 1994commenced on date of assent

Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 2date of assent 10 May 1994ss 1–2 commenced on date of assentamdts 4–8 commenced 26 March 1994 (see s 3 sch 2)remaining amdts commenced on date of assent

Transport Infrastructure Amendment Act (No. 2) 1994 No. 49 ss 1–2, 6 sch 2date of assent 14 September 1994ss 1–2 commenced on date of assentcommenced 18 November 1994 (1994 SL No. 399)

Building Units and Group Titles Act 1994 No. 69 ss 1–2, 229 sch 2date of assent 1 December 1994ss 1–2 commenced on date of assentnever proclaimed into force and rep 1995 No. 58 s 5(1) sch 7

Fire Service Legislation Amendment Act 1994 No. 71 pts 1, 3date of assent 1 December 1994ss 1–2 commenced on date of assentremaining provisions commenced 26 March 1994 (see s 2)

696


Local Government Amendment Act 1994 No. 77date of assent 1 December 1994ss 1–3 sch 2 commenced on date of assent (see s 2)remaining provisions commenced 10 March 1995 (1995 SL No. 54)

Land Act 1994 No. 81 ss 1–2, 527 sch 5 (as amd 1995 No. 57 s 4 sch 1)date of assent 1 December 1994ss 1–2 commenced on date of assentremaining provision commenced 1 July 1995 (1995 SL No. 185)

Local Government Legislation Amendment Act 1995 No. 11 pts 1, 4date of assent 5 April 1995ss 1–2, 8–9, 11, 13, 15 commenced on date of assentremaining provisions commenced 1 July 1995 (see s 2)

Transport Infrastructure Amendment (Rail) Act 1995 No. 32 pt 1, s 23 schdate of assent 14 June 1995ss 1–2 commenced on date of assentremaining provisions commenced 1 July 1995 (see s 2(2) and 1995 SL No. 162

s 2(3), 19)

Local Government Amendment Act 1995 No. 39date of assent 15 September 1995commenced on date of assent

Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1date of assent 28 November 1995commenced on date of assent

Local Government Amendment Act 1996 No. 6date of assent 9 May 1996commenced on date of assent

Public Service Act 1996 No. 37 ss 1–2, 147 sch 2date of assent 22 October 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 December 1996 (1996 SL No. 361)

Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9sch

date of assent 20 November 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 June 1997 (1997 SL No. 128)

Workcover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2date of assent 12 December 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 February 1997 (1996 SL No. 442)

Local Government Legislation Amendment Act 1996 No. 81 pts 1, 3 s 15 schdate of assent 16 December 1996commenced on date of assent

697


Miscellaneous Acts (Non-bank Financial Institutions) Amendment Act 1997No. 17 ss 1–2, 74 sch

date of assent 15 May 1997ss 1–2 commenced on date of assentremaining provisions commenced 1 July 1997 (1997 SL No. 163)

Local Government Legislation Amendment Act 1997 No. 23 pt 1, 3, s 13 sch (asamd 1997 No. 42 ss 1, 19 sch as from 25 August 1997)

date of assent 22 May 1997ss 5(1), 17(1), 39 (so far as it inserts chs 9–10), 40–50 (so far as it inserts orig

s 793C), 54 (so far as it inserts ss 1223–1230 and 1232) commenced24 October 1997 (see s 2 and 1997 SL No. 358)

remaining provisions commenced on date of assent

Body Corporate and Community Management Act 1997 No. 28 ss 1–2, 295 sch 3date of assent 22 May 1997ss 1–2 commenced on date of assentremaining provisions commenced 13 July 1997 (1997 SL No. 210)

Local Government Legislation Amendment Act (No. 2) 1997 No. 42 pts 1–2, s 19sch

date of assent 25 August 1997commenced on date of assent

Integrated Planning Act 1997 No. 69 ss 1.1.1–1.1.2, 6.3.1 sch 9 (as amd 1998No. 13 s 179 as from 30 March 1998 (1998 SL No. 56))

date of assent 1 December 1997ss 1.1.1–1.1.2 commenced on date of assentremaining provisions commenced 30 March 1998 (1998 SL No. 56)

Local Government Legislation Amendment Act (No. 3) 1997 No. 76 pts 1, 3 s 8sch

date of assent 1 December 1997commenced on date of assent

Natural Resources and Other Legislation Amendment Act 1997 No. 78 pts 1, 8date of assent 5 December 1997ss 1–2 commenced on date of assentremaining provisions commenced 1 January 1998 (see s 2(2) and 1997 SL

No. 479)

Building and Integrated Planning Amendment Act 1998 No. 13 ss 1, 2(3), 191sch (as amd 1998 No. 31 ss 1, 2(2), 67–68)

date of assent 23 March 1998ss 1–2 commenced on date of assentremaining amdts commenced 30 March 1998 (1998 SL No. 55)

Government Owned Corporations and Other Legislation Amendment Act 1998No. 21 ss 1, 2(3) pt 3

date of assent 1 May 1998ss 1–2 commenced on date of assentremaining provisions commenced 20 July 1998 (1998 SL No. 200)

698


Integrated Planning and Other Legislation Amendment Act 1998 No. 31 ss 1,2(5) pt 7

date of assent 3 September 1998ss 1–2 commenced on date of assentremaining provisions commenced 12 October 1998 (1998 SL No. 270)

Integrated Planning and Other Legislation Amendment Act 1999 No. 11 ss 1,2(2) pt 3

date of assent 30 March 1999commenced on date of assent

´7 List of annotations

This reprint has been renumbered—see schedule of renumbering inendnote 9.

CHAPTER 1—PRELIMINARYPART 1—INTRODUCTIONCommencements 2 prev s 2 amd 1994 No. 1 s 6

om R3 (see RA s 37)

PART 3—INTERPRETATIONDefinitionss 3 def “affected area” ins 1996 No. 81 s 16(2)

def “affected elector” ins 1996 No. 81 s 16(2)def “approve” ins 1996 No. 81 s 16(2)def “approved form” ins 1996 No. 81 s 16(2)def “approved inspection program” ins 1994 No. 77 s 3 sch 1def “authorised person” amd 1994 No. 77 s 3 sch 1def “chairperson” ins 1996 No. 81 s 16(2)def “commercial business unit” ins 1997 No. 23 s 14def “commissioner” sub 1996 No. 81 s 16def “community titles Act” sub 1994 No. 69 s 229 sch 2 (never

proclaimed into force and om 1995 No. 58 s 5(1) sch 7)def “compulsory referendum” ins 1996 No. 81 s 16(2)def “declaration envelope” sub 1996 No. 81 s 16def “delayed implementation determination” ins 1997 No. 42 s 3def “delayed implementation issues” ins 1997 No. 42 s 3def “delayed implementation reference” ins 1997 No. 42 s 3def “deputy commissioner” sub 1996 No. 81 s 16def “electoral and boundaries review commission” ins 1996 No. 81

s 16(2)def “electoral officer” sub 1996 No. 81 s 16def “expanded commission” ins 1996 No. 81 s 16(2)def “explanatory statement” ins 1996 No. 81 s 16(2)def “implementation issues” ins 1996 No. 81 s 16(2)def “interim development control provision” sub 1998 No. 13 s 191

sch

699


def “issuing officer” sub 1996 No. 81 s 16def “LGOC” ins 1997 No. 23 s 14def “limited reviewable local government matter” ins 1996 No. 81

s 16(2)def “local government Act” amd 1997 No. 69 s 6.3.1 sch 9def “majority” ins 1996 No. 81 s 16(2)def “major reference” ins 1996 No. 81 s 16(2)def “member” sub 1996 No. 81 s 16def “minor reference” ins 1996 No. 81 s 16(2)def “non-compulsory referendum” ins 1996 No. 81 s 16(2)def “oppose” ins 1996 No. 81 s 16(2)def “owner” sub 1996 No. 81 s 16def “permissible company” amd 1994 No. 77 s 3 sch 2def “planning scheme” amd 1998 No. 13 s 191 schdef “prescribed offices” ins 1996 No. 81 s 16(2)def “question” ins 1996 No. 81 s 16(2)def “referable local government matter” om 1996 No. 81 s 16(1)def “referendum” ins 1996 No. 81 s 16(2)def “referendum day” ins 1996 No. 81 s 16(2)def “referendum notice” ins 1996 No. 81 s 16(2)def “referendum roll cut off day” ins 1996 No. 81 s 16(2)def “returning officer” ins 1996 No. 81 s 16(2)def “review commissioner” ins 1996 No. 81 s 16(2)def “road” amd 1994 No. 77 s 3 sch 2def “significant business activity” ins 1997 No. 23 s 14def “special commission” ins 1996 No. 81 s 16(2)def “special reference” ins 1996 No. 81 s 16(2)def “State-controlled road” ins 1997 No. 23 s 14def “State interest” amd 1994 No. 77 s 3 sch 2def “State land” sub 1994 No. 81 s 527 sch 5def “voting areas” ins 1996 No. 81 s 16(2)

Meaning of “owner” of lands 4 amd 1994 No. 81 s 527 sch 5; 1995 No. 57 s 4 sch 1; 1996 No. 81 s 15 sch

Meaning of “conclusion” of local government elections 5 amd 1996 No. 81 s 17

Meaning of “material personal interest”s 6 amd 1997 No. 23 ss 15, 13 sch; 1997 No. 42 s 19 sch

Meaning of “open to inspection”s 7 amd 1996 No. 81 s 18; 1997 No. 23 s 16; 1997 No. 76 s 9

Documents open to inspection not to contain information about protectedpersons

s 8 ins 1997 No. 78 s 91

PART 4—APPLICATION OF ACT TO BRISBANE CITY COUNCILAct applies only so far as expressly provideds 9 amd 1996 No. 81 s 19; 1997 No. 23 s 17; 1997 No. 76 s 10

700


How local government Acts apply to Brisbane City Councils 10 amd 1996 No. 81 s 20; 1997 No. 23 s 18

PART 5—APPLICATION OF ACT TO JOINT LOCAL GOVERNMENTSAct applies except so far as application displaceds 11 amd 1996 No. 81 s 15 sch

CHAPTER 2—THE LOCAL GOVERNMENT SYSTEMPART 1—LOCAL GOVERNMENTSDivision 3—Jurisdiction of local governmentsInconsistency with State laws 31 amd 1996 No. 54 s 9 sch

CHAPTER 3—INTERACTION WITH THE STATEPART 1—REVIEWABLE LOCAL GOVERNMENT MATTERSpt hdg sub 1996 No. 81 s 15 sch

Division 1—PreliminaryDefinitions for pt 1s 62 sub 1996 No. 81 s 21

Meaning of “owner” of land for pt 1s 63 sub 1996 No. 81 s 22

Meaning of “reviewable local government matter”s 64 amd 1996 No. 81 s 23

Meaning of “limited reviewable local government matter”s 65 sub 1996 No. 81 s 24

Division 2—Local Government Electoral and Boundaries Review Commissionsdiv hdg sub 1996 No. 81 s 25

Subdivision 1—Establishment, constitution and functions of commissionssdiv hdg sub 1996 No. 81 s 25

Establishments 66 sub 1996 No. 81 s 25

Constitutions 67 ins 1996 No. 81 s 25

Functionss 68 ins 1996 No. 81 s 25

Subdivision 2—Business and meetings of commissionssdiv hdg sub 1996 No. 81 s 25

Conduct of businesss 69 sub 1996 No. 81 s 25

Times and places of meetingss 70 ins 1996 No. 81 s 25

Quorum at meetingss 71 ins 1996 No. 81 s 25

701


Presiding members 72 ins 1996 No. 81 s 25

Voting at meetingss 73 ins 1996 No. 81 s 25

Disclosure of interests by members of expanded commissions 74 ins 1996 No. 81 s 25

Additional provisions for disclosure of interests by commissioner and deputycommissioner

s 75 ins 1996 No. 81 s 25

Subdivision 3—Miscellaneoussdiv hdg sub 1996 No. 81 s 25

Resignation and removals 76 sub 1996 No. 81 s 25

Division 3—References of, and applications for, reviewable local governmentmatters

div hdg sub 1996 No. 81 s 25

Subdivision 1—References to commissioner by Ministersdiv hdg sub 1996 No. 81 s 25

Minister may refer certain reviewable local government matters tocommissioner

s 77 sub 1996 No. 81 s 25

References of reviewable local government matters to be tabled etc.s 78 ins 1996 No. 81 s 25

Request by commissioner for references 79 ins 1996 No. 81 s 25

Subdivision 2—Applications to commissioner by local governmentssdiv hdg sub 1996 No. 81 s 25

Limited reviewable local government matterss 80 sub 1996 No. 81 s 25

Division 4—Procedures for major and minor references of reviewable localgovernment matters

div hdg ins 1996 No. 81 s 25

Subdivision 1—Preliminarysdiv hdg ins 1996 No. 81 s 25

References of reviewable local government matterss 81 sub 1996 No. 81 s 25

Appointment of additional review commissionerss 82 ins 1996 No. 81 s 25

Commissions may declare major referencess 83 ins 1996 No. 81 s 25

702


Commissions must have regard to prescribed issuess 84 ins 1996 No. 81 s 25

Restrictions on determinations for City of Brisbanes 85 ins 1996 No. 81 s 25

Subdivision 2—Major references of reviewable local government matterssdiv hdg ins 1996 No. 81 s 25

Application of subdivisions 86 sub 1996 No. 81 s 25

Commission may make inquiriess 87 ins 1996 No. 81 s 25

Preliminary procedures for certain referencess 88 ins 1996 No. 81 s 25

Determination not to implement matters 89 ins 1996 No. 81 s 25

Public notice of proposed determination to implement matters 90 ins 1996 No. 81 s 25

amd 1997 No. 42 s 4

Commission to consider submissionss 91 ins 1996 No. 81 s 25

Holding of referendums 92 ins 1996 No. 81 s 25

Making final determination and preparation of reports 93 ins 1996 No. 81 s 25

amd 1997 No. 42 s 5

Notification of determination and report to Ministers 94 ins 1996 No. 81 s 25

amd 1997 No. 42 s 6

Implementation of matter on commission’s reports 95 ins 1996 No. 81 s 25

amd 1997 No. 42 s 7

Implementation of matter at request of Legislative Assemblys 96 ins 1996 No. 81 s 25

Subdivision 3—Minor references of reviewable local government matterssdiv hdg ins 1996 No. 81 s 25

Application of subdivisions 97 sub 1996 No. 81 s 25

Commission may make inquiriess 98 ins 1996 No. 81 s 25

Determination not to implement matters 99 ins 1996 No. 81 s 25

703


Notice of proposed determination to implement matter and recommendationss 100 ins 1996 No. 81 s 25

amd 1997 No. 42 s 8

Commission to consider submissionss 101 ins 1996 No. 81 s 25

Making final determination and preparation of reports 102 ins 1996 No. 81 s 25

amd 1997 No. 42 s 9

Notification of determination and report to Ministers 103 ins 1996 No. 81 s 25

amd 1997 No. 42 s 10

Implementation of matters 104 ins 1996 No. 81 s 25

amd 1997 No. 42 s 11

Division 5—Limited reviewable local government mattersdiv hdg ins 1996 No. 81 s 25

Application of divisions 105 sub 1996 No. 81 s 25

Commission may make inquiriess 106 sub 1996 No. 81 s 25

Commission must have regard to prescribed issuess 107 sub 1996 No. 81 s 25

Restriction on determination to implement matters 108 sub 1996 No. 81 s 25

amd 1997 No. 23 s 13 sch; 1997 No. 42 s 12

Action after determination to implement matters 109 sub 1996 No. 81 s 25

Action after determination not to implement matters 110 ins 1996 No. 81 s 25

Implementation of matters 111 sub 1996 No. 81 s 25

Division 6—Inquiries by expanded commissionsdiv hdg sub 1996 No. 81 s 15 sch

Subdivision 1—GeneralExpanded commission may decide to hold inquiry for certain matterss 112 sub 1996 No. 81 s 26

Notice of decision to hold inquirys 113 amd 1996 No. 81 s 15 sch

Subdivision 2—Conduct of inquiriesPresiding members 114 sub 1996 No. 81 s 15 sch

704


Commission’s duties on inquiryprov hdg amd 1996 No. 81 s 15 schs 115 amd 1996 No. 81 s 15 sch

Commission may decide proceduresprov hdg amd 1996 No. 81 s 15 schs 116 amd 1996 No. 81 s 15 sch

Public may attends 117 amd 1996 No. 81 s 15 sch

Commission’s powers on inquiryprov hdg amd 1996 No. 81 s 15 schs 118 amd 1996 No. 81 s 15 sch

Notice to witnesss 119 amd 1996 No. 81 s 15 sch

Duty of witness at inquirys 120 amd 1996 No. 81 s 15 sch

Contemptprov hdg sub 1996 No. 81 s 15 schs 121 amd 1996 No. 81 s 15 sch

Change of commission memberss 122 sub 1996 No. 81 s 15 sch

Division 7—Referendumsdiv hdg ins 1996 No. 81 s 27

Subdivision 1—Preliminarysdiv hdg ins 1996 No. 81 s 27

Application of div 7s 123 sub 1996 No. 81 s 27

“Approving” or “opposing” referendum questions 124 ins 1996 No. 81 s 27

Subdivision 2—Holding referendumssdiv hdg ins 1996 No. 81 s 27

Wording of referendum questions 125 sub 1996 No. 81 s 27

Appointment and role of returning officers for referendums 126 ins 1996 No. 81 s 27

Referendum days 127 ins 1996 No. 81 s 27

Notice of referendum day and other informations 128 ins 1996 No. 81 s 27

Voters rollss 129 ins 1996 No. 81 s 27

705


Voters roll to be open to inspection and purchases 130 ins 1996 No. 81 s 27

Explanatory statements 131 ins 1996 No. 81 s 27

Commission may request information from local governments 132 ins 1996 No. 81 s 27

Giving statements to affected electors and display of statements and proposeddetermination

s 133 ins 1996 No. 81 s 27

Local government views on referendums 134 ins 1996 No. 81 s 27

Compulsory votings 135 ins 1996 No. 81 s 27

Conduct of referendums 136 ins 1996 No. 81 s 27

Subdivision 3—Replacement provisionssdiv hdg ins 1996 No. 81 s 27

Preliminarys 137 amd 1996 No. 37 s 147 sch 2

sub 1996 No. 81 s 27

PART 2A—REINSTATEMENT OF CERTAIN AREASpt hdg prev pt 2A hdg (incl in ch 3) ins 1996 No. 6 s 3

exp 1 July 1997 (see s 137ZZI)

Division 1—Preliminarydiv 1 (ss 137A–137E) prev div 1 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3


Division 2—Specific information about affected areas and amalgamated areasand other important concepts

div 2 (ss 137F–137L) prev div 2 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3exp 1 July 1997 (see s 137ZZI)

Division 3—Petitiondiv 3 (ss 137M–137P) prev div 3 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3


Division 4—Referendumdiv hdg prev div 4 hdg(incl in ch 3 pt 2A)ins 1996 No. 6 s 3


Subdivision 1—Preliminarysdiv 1 (s 137Q) prev sdiv 1 (incl in ch 3 pt 2A div 4) ins 1996 No. 6 s 3


706


Subdivision 2—Holding a referendumsdiv 2 (ss 137R–137ZM) prev sdiv 2 (incl in ch 3 pt 2A div 4) ins 1996 No. 6 s 3


Subdivision 3—Alternative provisionssdiv 3 (ss 137ZN–137ZT) prev sdiv 3 (incl in ch 3 pt 2A div 4) ins 1996 No. 6 s 3


Division 5—Implementing referendum action for affected areadiv 5 (ss 137ZU–137ZZ) prev div 5 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3


Division 6—Implementing referendum action for amalgamated areadiv 6 (ss 137ZZA–137ZZB) prev div 6 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3


Division 7—Costsdiv 7 (ss 137ZZC–137ZZE) prev div 7 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3


Division 8—Miscellaneousdiv hdg prev div 8 hdg (incl in ch 3 pt 2A) ins 1996 No. 6 s 3


Proof of voters rolls 137ZZF prev s 137ZZF (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3


Additional regulation making powers 137ZZG prev s 137ZZG (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3


Regulatory impact statementss 137ZZH prev s 137ZZH (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3


Expiry and savingss 137ZZI prev s 137ZZI (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3

sub 1997 No. 23 s 19exp 1 July 1997 (see s 137ZZI)

Direction that poll be conducted by postal ballots 138 ins 1996 No. 81 s 27

Ballot paperss 139 ins 1996 No. 81 s 27

Mode of votings 140 ins 1996 No. 81 s 27

Effect of ballot papers 141 ins 1996 No. 81 s 27

Scrutineerss 142 ins 1996 No. 81 s 27

707


Subdivision 4—Miscellaneoussdiv hdg ins 1996 No. 81 s 27

Referendum costs 143 sub 1996 No. 81 s 27

Proof of voters rolls 144 ins 1996 No. 81 s 27

Division 8—Provisions about commission membersdiv hdg sub 1996 No. 81 s 27

Subdivision 1—Commissioner and deputy commissionersdiv hdg ins 1996 No. 81 s 27

Commissioner may direct deputy commissioner to perform commissioner’sfunctions

s 145 sub 1996 No. 81 s 27

Subdivision 2—Appointment, and duration of appointment, of reviewcommissioners

sdiv hdg ins 1996 No. 81 s 27

Appointments 146 sub 1996 No. 81 s 27

Duration of appointments 147 ins 1996 No. 81 s 27

Subdivision 3—Terms of appointment, resignation and termination ofappointment of certain commission members


Definition for sdiv 3s 148 sub 1996 No. 81 s 27

Terms of appointments 149 sub 1996 No. 81 s 27

Resignations 150 sub 1996 No. 81 s 27

Termination of appointments 151 sub 1996 No. 81 s 27

Division 9—Miscellaneousdiv hdg sub 1996 No. 81 s 27

Staff and administrative supports 152 sub 1996 No. 81 s 27

Annual reportss 153 sub 1996 No. 81 s 27

Certain reports to be tabled etc.s 154 sub 1996 No. 81 s 27

708


Reports open to inspection and available for purchases 155 sub 1996 No. 81 s 27

Additional procedures may be prescribed by regulations 156 sub 1996 No. 81 s 27

Division 10—Implementing reviewable local government mattersImplementation of reviewable local government matters 157 amd 1995 No. 11 s 9; 1996 No. 81 s 15 sch; 1997 No. 42 s 13

Requirement before implementations 158 amd 1996 No. 81 s 15 sch

Liability for State taxess 159 amd 1996 No. 81 s 15 sch

Assistance to the commissions 218 orig s 218 (incl in orig ch 5 pt 1) om 1995 No. 57 s 4 sch 1

CHAPTER 4—LOCAL GOVERNMENT COUNCILLORSPART 1—MEMBERSHIP OF LOCAL GOVERNMENTSDivision 2—Qualifications and disqualificationsGeneral qualifications for memberships 220 amd 1995 No. 39 s 3; 1996 No. 81 s 28

General disqualificationss 221 amd 1994 No. 15 s 3 sch 2; 1996 No. 81 s 29

Disqualification and vacation of office for certain offencess 222 amd 1996 No. 81 s 29A

Councillor ceases to be councillor on becoming director of significant businessentity

s 225 ins 1997 No. 23 s 20

Termination of local government employment on becoming councillors 226 amd 1997 No. 23 s 13 sch

Remuneration for service on local government and advisory committeess 237 orig s 237 (incl in orig ch 5 pt 6 div 1) om 1996 No. 81 s 15 sch

PART 3—ENTITLEMENTS AND OBLIGATIONSDivision 1—Entitlements of councillors and committee membersSuperannuation benefits for councillorss 238 sub 1995 No. 11 s 10

Insurance of councillorss 239 amd 1996 No. 75 s 535 sch 2

Division 2—Obligations of councillorsRequirements of councillors before acting in offices 242 sub 1996 No. 81 s 29B

Registers of interestss 247 orig s 247 (incl in orig ch 5 pt 6 div 3) om 1996 No. 81 s 41

pres s 247 amd 1994 No. 77 s 3 sch 2

709


PART 4—VACANCIES IN MEMBERSHIP OF LOCAL GOVERNMENTSWhen councillor’s office becomes vacants 252 amd 1996 No. 81 s 30

Filling of later vacancies by appointments 254 amd 1996 No. 81 s 31

CHAPTER 5—LOCAL GOVERNMENT ELECTIONSPART 1—GENERALDate of triennial electionss 269 sub 1995 No. 57 s 4 sch 1

Local governments responsible for expenditure for conducting electionss 271 ins 1996 No. 81 s 32

PART 2—RETURNING OFFICERSChief executive officer is returning officers 272 amd 1996 No. 81 s 33

Appointment of returning officer in place of the chief executive officers 273 sub 1996 No. 81 s 34

PART 5—DIVISION OF LOCAL GOVERNMENT AREASApplication of part to Brisbane City Councils 284 ins 1996 No. 81 s 15 sch

Quota to be complied with in division of local government area and assignmentof councillors

s 286 amd 1996 No. 81 s 35; 1997 No. 42 s 14

Disclosure of compliance or noncompliance with quota requirementss 287 amd 1996 No. 81 s 15 sch; 1997 No. 42 s 15

Matter of area’s division referred to commissioners 288 amd 1997 No. 42 s 16

PART 6—CONDUCT OF ELECTIONSDivision 2—Electoral OfficersAssistant returning officerss 291 ins 1996 No. 81 s 36

Issuing officerss 293 amd 1996 No. 81 s 37

Returning officer may act through other officerss 295 sub 1996 No. 81 s 38

Assistant returning officer may act through certain authorised officerss 296 ins 1996 No. 81 s 39

Division 3—Candidates for election or appointmentQualification for nominations 298 amd 1996 No. 81 s 40

710


Division 4—Nominations of candidates for electionWho may nominates 302 amd 1996 No. 81 s 42

Deposit to accompany nominations 304 amd 1997 No. 17 s 74 sch

Special grounds for deciding a person is not properly nominateds 305 ins 1996 No. 81 s 43

Certificate of returning officers 306 amd 1996 No. 81 s 44

Disposal of deposits generallys 314 amd 1996 No. 81 s 44A

Division 5—BallotsDirection that poll be conducted by postal ballots 318 amd 1996 No. 81 s 45

Division 6—Polling boothsPolling booths—generals 319 amd 1996 No. 81 s 46

Division 7—Ballot boxes, papers and other documentsOrder of listing of candidates’ namess 327 amd 1996 No. 81 s 47

Division 10—Declaration votingDistribution of ballot papers to electors who may or must cast declaration votes 347 amd 1996 No. 81 s 48

Distribution of ballot papers to electors for postal ballot elections 349 amd 1996 No. 81 s 49

Casting a declaration vote by posts 351 amd 1997 No. 42 s 19 sch

Declaration voting before polling days 352 amd 1996 No. 81 s 50

Distribution of declaration envelopes when separate ballot papers or polls onsame day

s 353 ins 1996 No. 81 s 51

Division 13—Effect of ballot papersEffect of ballot papers—optional-preferential votings 357 amd 1996 No. 81 s 52

Effect of ballot papers—first-past-the-post votings 358 amd 1996 No. 81 s 53

Division 14—Counting of votesPreliminary counting by presiding officers 363 amd 1996 No. 81 s 54

711


Procedure for processing declaration envelopess 365 amd 1996 No. 81 s 55

Official counting of votess 366 amd 1996 No. 81 s 56

Returning officer’s duty after counting votess 370 amd 1996 No. 81 s 57

Division 15—Actions following pollResolution about electors who fail to votes 373 ins 1996 No. 81 s 58

List of electors failing to votes 374 amd 1996 No. 81 s 59

Notice of failure to vote etc.s 375 sub 1996 No. 81 s 60

Payments for failure to votes 376 ins 1996 No. 81 s 60

Recording response to notices 377 amd 1996 No. 81 s 61

Notice to electors whose ballot papers are not accepteds 381 ins 1996 No. 81 s 62

Division 16—EnforcementSubdivision 4—InjunctionsInjunctions to restrain contravention of chapters 407 amd 1996 No. 81 s 63

PART 7—FRESH ELECTIONSRequirements for fresh elections 408 amd 1994 No. 77 s 3 sch 2; 1996 No. 81 s 15 sch; 1997 No. 42 s 17

PART 8—DISCLOSURE OF ELECTION GIFTSpt hdg ins 1996 No. 81 s 63A

Division 1—Preliminarydiv 1 (ss 414–417) ins 1996 No. 81 s 63A

Division 2—Disclosure periodsdiv hdg ins 1996 No. 81 s 63A

Subdivision 1—Disclosure periods for candidates for electionssdiv 1 (ss 418–422) ins 1996 No. 81 s 63A

Subdivision 2—Disclosure period for third parties for electionssdiv 2 (ss 423–424) ins 1996 No. 81 s 63A

Subdivision 3—Transitional provisions for start of disclosure periodssdiv 3 (s 425) ins 1996 No. 81 s 63A

exp 1 January 2001 (see s 425(2))

712


Division 3—Disclosure of giftsdiv hdg ins 1996 No. 81 s 63A

Subdivision 1—Disclosure by candidates for electionssdiv 1 (ss 426–429) ins 1996 No. 81 s 63A

Subdivision 2—Disclosure by third parties for electionssdiv 2 (ss 430–431) ins 1996 No. 81 s 63A

Subdivision 3—Amendment of returnssdiv 3 (s 432) ins 1996 No. 81 s 63A

Division 4—Registersdiv 4 (ss 433–435) ins 1996 No. 81 s 63A

Division 5—Miscellaneousdiv hdg ins 1996 No. 81 s 63A

Offences about returnss 436 ins 1996 No. 81 s 63A

Records to be kepts 437 ins 1996 No. 81 s 63A

Obtaining of information and completion of returnss 438 ins 1996 No. 81 s 63A

Attempts to commit offencess 439 ins 1996 No. 81 s 63A

Noncompliance with part does not affect elections 440 orig s 440 (incl in orig ch 7 pt 5) om 1996 No. 54 s 9 sch

pres s 440 ins 1996 No. 81 s 63A

Division 6—Evidencediv hdg ins 1996 No. 81 s 63A

Evidentiary provisionss 441 orig s 441 (incl in orig ch 7 pt 5) om 1996 No. 54 s 9 sch

pres s 441 ins 1996 No. 81 s 63A

CHAPTER 6—GENERAL OPERATION OF LOCAL GOVERNMENTSPART 1—PROCEEDINGS OF LOCAL GOVERNMENTSDivision 4—Meetings generallyClosed meetingss 463 amd 1998 No. 13 s 191 sch

Division 6—MiscellaneousDelegation by local governments 472 amd 1997 No. 23 s 21

PART 3—CONTRACTS AND TENDERINGDivision 1—PreliminaryEntering into a contract under delegations 483 amd 1994 No. 77 s 3 sch 2

713


Division 3—Disposal of land or goodsExemptionss 492 amd 1995 No. 11 s 11

CHAPTER 7—FINANCIAL OPERATION AND ACCOUNTABILITY OFLOCAL GOVERNMENTS

PART 1—LOCAL GOVERNMENT FINANCE STANDARDSIssue of standardss 502 amd 1997 No. 23 s 22

Standards must be complied withs 503 amd 1997 No. 23 s 23

PART 4—BUDGETContent of operating fund budgetss 520 amd 1997 No. 23 s 24; 1997 No. 42 s 19 sch

PART 5—BORROWING AND INVESTMENTLocal governments are statutory bodiess 525 sub 1996 No. 54 s 9 sch

Councillor’s liability for unauthorised borrowingss 526 amd 1996 No. 54 s 9 sch

PART 8—ANNUAL REPORTContent of report about other issues of public interests 534 amd 1997 No. 23 s 25; 1997 No. 76 s 8 sch

Copies of report to be available for inspection and purchases 535 amd 1994 No. 77 s 3 sch 2

CHAPTER 8—NATIONAL COMPETITION REFORM OF SIGNIFICANTBUSINESS ACTIVITIES

ch hdg ins 1996 No. 81 s 64

PART 1—OBJECT AND APPLICATIONpt hdg ins 1996 No. 81 s 64

Objects 543 ins 1996 No. 81 s 64

Application to Brisbane City Councils 544 (prev s 458B) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26

PART 2—DEFINITIONSpt hdg ins 1996 No. 81 s 64

Definitions for ch 8s 545 (prev s 458C) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26def “business activity” ins 1997 No. 23 s 27(2)def “Commonwealth tax” ins 1997 No. 42 s 19 schdef “Competition Policies Agreement” om 1997 No. 23 s 27(1)def “Competition Principles Agreement” ins 1997 No. 23 s 27(2)

714


def “government tax” ins 1997 No. 23 s 27(2)def “new type 1 business activity” ins 1997 No. 23 s 27(2)def “new type 1 or 2 business activity” ins 1997 No. 23 s 27(2)def “new type 2 business activity” ins 1997 No. 23 s 27(2)def “significant business activity” sub 1997 No. 23 s 27def “significant business entity” ins 1997 No. 23 s 27(2)def “State tax” ins 1997 No. 42 s 19 schdef “tax” ins 1997 No. 23 s 27(2)def “threshold amount” ins 1997 No. 23 s 27(2)def “type 1 or 2 business activity” ins 1997 No. 23 s 27(2)def “type 2 business activity” amd 1997 No. 42 s 19 sch

PART 3—IDENTIFICATION OF NEW TYPE 1 AND 2 BUSINESSACTIVITIES

pt hdg ins 1997 No. 23 s 28

Minister to decide threshold amounts for identifying new type 1 or 2 businessactivities

s 546 ins 1997 No. 23 s 28amd 1997 No. 42 s 19 sch

Annual review of business activitiess 547 ins 1997 No. 23 s 28

Notice to Minister of new type 1 or 2 business activitiess 548 ins 1997 No. 23 s 28

PART 4—PUBLIC BENEFIT ASSESSMENT OF SIGNIFICANT BUSINESSACTIVITIES

pt hdg ins 1996 No. 81 s 64amd 1997 No. 23 s 29sub 1997 No. 42 s 19 sch

Division 1—Subject matter of public benefit assessmentsdiv hdg ins 1996 No. 81 s 64

Matters to be addressed by public benefit assessment for type 1 or new type 1business activity

prov hdg amd 1997 No. 23 s 30(1)s 549 (prev s 458D) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26amd 1997 No. 23 s 30(2)–(3); 1997 No. 42 s 19 sch

Matters to be addressed by public benefit assessment for type 2 or new type 2business activity

prov hdg amd 1997 No. 23 s 31(1)s 550 (prev s 458E) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26amd 1997 No. 23 s 31(2)–(3); 1997 No. 42 s 19 sch

What is corporatisations 551 (prev s 458F) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26amd 1997 No. 23 ss 32, 13 sch

715


What is commercialisations 552 (prev s 458G) ins 1996 No. 81 s 64


What is full costing prices 553 (prev s 458H) ins 1996 No. 81 s 64


Division 2—Content of public benefit assessment reportdiv hdg ins 1996 No. 81 s 64

Matters to be addressed in public benefit assessment reportss 554 (prev s 458I) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26amd 1997 No. 23 ss 35, 13 sch; 1997 No. 42 s 19 sch

Division 3—Local government to undertake assessmentsdiv hdg ins 1996 No. 81 s 64

Public benefit assessments to be undertakens 555 (prev s 458J) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26amd 1997 No. 23 s 36

Fresh public benefit assessment if reforms not implemented within 3 yearss 556 ins 1997 No. 23 s 37

Local government to resolve on assessment and report processs 557 (prev s 458K) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26amd 1997 No. 23 s 13 sch

Timing for assessments and reportss 558 (prev s 458L) ins 1996 No. 81 s 64

renum 1997 No. 23 s 26amd 1997 No. 23 s 38

Regulation about public benefit assessment and public benefit assessmentreports

s 559 (prev s 458M) ins 1996 No. 81 s 64renum 1997 No. 23 s 26

Division 4—Action to be taken on public benefit assessment reportsdiv 4 (ss 560–566) ins 1997 No. 23 s 39

PART 5—FULL COST PRICING FOR SIGNIFICANT BUSINESS ACTIVITIESpt hdg ins 1997 No. 23 s 39

Application of pt 5s 567 ins 1997 No. 23 s 39

716


Meaning of “full cost pricing”s 568 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch; 1997 No. 76 s 8 sch

Guarantees by States 569 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Local government to implement full cost pricing for significant businessactivities

s 570 ins 1997 No. 23 s 39

PART 6—COMMERCIALISATION OF SIGNIFICANT BUSINESSACTIVITIES


Division 1—Preliminarydiv 1 (s 571) ins 1997 No. 23 s 39

Division 2—Background and objectives of partdiv 2 (ss 572–574) ins 1997 No. 23 s 39

Division 3—Interpretationdiv hdg ins 1997 No. 23 s 39

Meaning of “commercialisation”s 575 ins 1997 No. 23 s 39

amd 1997 No. 76 s 8 sch

Meaning of “key principles of commercialisation”s 576 ins 1997 No. 23 s 39

Definitions for pt 6s 577 ins 1997 No. 23 s 39

Division 4—Establishment of commercial business unitdiv 4 (s 578) ins 1997 No. 23 s 39

Division 5—Operations of commercial business unitdiv 5 (ss 579–580) ins 1997 No. 23 s 39

Division 6—Annual statement of operations on commercial business unitdiv hdg ins 1997 No. 23 s 39

Annual statement of operations on commercial business units 581 ins 1997 No. 23 s 39

Commonwealth and State tax equivalentss 582 ins 1997 No. 23 s 39

Guarantees by States 583 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

PART 7—LOCAL GOVERNMENT OWNED CORPORATIONSpt hdg ins 1997 No. 23 s 39

717


Division 1—Preliminarydiv hdg ins 1997 No. 23 s 39

Subdivision 1—Application of partsdiv 1 (s 584) ins 1997 No. 23 s 39

Subdivision 2—Outline of part and its background and objectivessdiv 2 (ss 585–588) ins 1997 No. 23 s 39

Subdivision 3—Interpretationsdiv hdg ins 1997 No. 23 s 39

Meaning of “corporatisation”s 589 ins 1997 No. 23 s 39

Meaning of “key principles of corporatisation”s 590 ins 1997 No. 23 s 39

Meaning of “statement of corporate intent”s 591 ins 1997 No. 23 s 39

Definitions for pt 7s 592 ins 1997 No. 23 s 39

def “Commonwealth tax” om 1997 No. 42 s 19 schdef “share” amd 1997 No. 42 s 19 schdef “State tax” om 1997 No. 42 s 19 sch

References to doing of act by corporatised corporations 593 ins 1997 No. 23 s 39

References to local governments etc.s 594 ins 1997 No. 23 s 39

Subdivision 4—Corporatised corporation not a local governmentsdiv 4 (s 595) ins 1997 No. 23 s 39

Subdivision 5—Operation of part and application of lawssdiv hdg ins 1997 No. 23 s 39

Extraterritorial operations 596 ins 1997 No. 23 s 39

Application of existing lawss 597 ins 1997 No. 23 s 39

amd 1998 No. 21 s 30

Delegation of powers for corporatised corporationss 598 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 schexp 1 July 1999 (see s 598(11))

How Corporations Law is to be applied to corporatised corporationss 599 ins 1997 No. 23 s 39

om 1998 No. 21 s 31

Division 2—Mechanisms for creating LGOCs and subsidiariesdiv hdg ins 1997 No. 23 s 39

718


Subdivision 1—Proposal for corporatisationsdiv 1 (ss 600–601) ins 1997 No. 23 s 39

Subdivision 2—Preparation of corporatisation charter—preliminarysdiv 2 (ss 602–603) ins 1997 No. 23 s 39

Subdivision 3—Preparation of corporatisation charter—establishmentcommittee

sdiv 3 (ss 604–607) ins 1997 No. 23 s 39

Subdivision 4—Preparation of corporatisation charter—requirements forcharter

sdiv 4 (ss 608–609) ins 1997 No. 23 s 39

Subdivision 5—corporatisation charter—approvalssdiv hdg ins 1997 No. 23 s 39

Approval of draft corporatisation charters 610 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Approval of amendments of corporatisation charters 611 ins 1997 No. 23 s 39

Corporatisation charter open to inspections 612 ins 1997 No. 23 s 39

Deletion of commercially sensitive matters from corporatisation charters 613 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Subdivision 6—Corporatisation charter—expiry of charter transitional partsdiv 6 (s 614) ins 1997 No. 23 s 39

Subdivision 7—Corporatisation facilitative mechanisms—significant businessentities


Purpose of subdivisions 615 ins 1997 No. 23 s 39

Significant business entitiess 616 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Transfer of assets, liabilities etc. to significant business entitys 617 ins 1997 No. 23 s 39

Subdivision 8—Significant business entities—directors and employeessdiv hdg ins 1997 No. 23 s 39

Composition of boards including councillors and local government employeess 618 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch(2)(a), (3)–(4) exp 1 July 2001 (see s 618(11))

719


Remuneration and allowances to directors of significant business entities whoare councillors or employees of a local government

s 619 ins 1997 No. 23 s 39

Restrictions on councillors and employees being directorss 620 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Prohibition on councillors being employeess 621 ins 1997 No. 23 s 39

Subdivision 9—Interim boardsdiv hdg ins 1997 No. 23 s 39

Interim board of directors for significant business entitys 622 ins 1997 No. 23 s 39

Application of certain provisions about directors and executives to significantbusiness entities

s 623 ins 1997 No. 23 s 39amd 1997 No. 42 s 19 sch; 1998 No. 21 s 32

Subdivision 10—Corporatisation facilitative mechanisms—generalsdiv hdg ins 1997 No. 23 s 39

Assistance to significant business entitiess 624 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Share capital and issue of sharess 625 ins 1997 No. 23 s 39

Variation of share capitals 626 ins 1997 No. 23 s 39

Division does not affect existing legal relationshipsprov hdg amd 1997 No. 76 s 8 schs 627 ins 1997 No. 23 s 39

amd 1997 No. 76 s 8 sch

Local government may deal with other matterss 628 ins 1997 No. 23 s 39

Subdivision 11—Acting chief executive officer of significant business entity oncorporatisation

sdiv 11 (s 629) ins 1997 No. 23 s 39

Division 3—Local government owned corporations and subsidiariesdiv hdg ins 1997 No. 23 s 39

Subdivision 1—Declaration of LGOCs and subsidiariessdiv 1 (ss 630–634) ins 1997 No. 23 s 39

Subdivision 2—Application of Corporations Lawsdiv hdg ins 1997 No. 23 s 39

720


Application of Corporations Law to corporatised corporationss 635 ins 1997 No. 23 s 39

sub 1998 No. 21 s 33

Corporatised corporation exempt public authoritys 636 ins 1997 No. 23 s 39

Subdivision 3—Shares of corporatised corporationssdiv hdg ins 1997 No. 23 s 39

Local governments to be shareholders of LGOCsprov hdg amd 1997 No. 42 s 19 schs 637 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

LGOC to be shareholder of LGOC’s subsidiarys 638 ins 1997 No. 23 s 39

If 2 or more local governments are shareholders, shares and entitlementsapportioned by agreement

s 639 ins 1997 No. 23 s 39

Variation of shares and share capital of corporatised corporations 640 ins 1997 No. 23 s 39

Transfer, issue etc. of sharess 641 ins 1997 No. 23 s 39

Shareholders must act jointlys 642 ins 1997 No. 23 s 39

Subdivision 4—Shareholders and councillorssdiv hdg ins 1997 No. 23 s 39

Appointment of councillors as shareholder’s delegatess 643 ins 1997 No. 23 s 39

(2)–(3) exp 1 July 1999 (see s 643(3))

Subdivision 5—Board of directorssdiv hdg ins 1997 No. 23 s 39

Corporatised corporation to have board of directorss 644 ins 1997 No. 23 s 39

Role of boards 645 ins 1997 No. 23 s 39

Delegation by boards 646 ins 1997 No. 23 s 39

amd 1998 No. 21 s 34

Additional provisions about board—div 5s 647 ins 1997 No. 23 s 39

First board of LGOCs 648 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

721


First board of LGOC subsidiarys 649 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Subdivision 6—Chief executive officersdiv hdg ins 1997 No. 23 s 39

Corporatised corporations to have chief executive officers 650 ins 1997 No. 23 s 39

Duties of chief executive officers 651 ins 1997 No. 23 s 39

Things done by chief executive officers 652 ins 1997 No. 23 s 39

Delegation by chief executive officers 653 ins 1997 No. 23 s 39

amd 1998 No. 21 s 35

Additional provisions about chief executive officer—div 6s 654 ins 1997 No. 23 s 39

Subdivision 7—Corporate plan—generalsdiv 7 (ss 655–656) ins 1997 No. 23 s 39

Subdivision 8—Preparation, agreement on and changes to corporate plansdiv 8 (ss 657–664) ins 1997 No. 23 s 39

Subdivision 9—Statement of corporate intent—generalsdiv 9 (ss 665–667) ins 1997 No. 23 s 39

Subdivision 10—Matters to be included in statement of corporate intentsdiv hdg ins 1997 No. 23 s 39

Matters to be included in statement of corporate intents 668 ins 1997 No. 23 s 39

Deletion of commercially sensitive matters from statement of corporate intents 669 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Subdivision 11—Preparation, agreement on and modification of statement ofcorporate intent


Draft statement of corporate intents 670 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Consultation with industrial organisations etc.s 671 ins 1997 No. 23 s 39

Special procedures in relation to draft statement of corporate intents 672 ins 1997 No. 23 s 39

722


Statement of corporate intent on agreements 673 ins 1997 No. 23 s 39

Statement of corporate intent pending agreements 674 ins 1997 No. 23 s 39

Changes to statement of corporate intents 675 ins 1997 No. 23 s 39

Statement of corporate intent open to inspections 676 ins 1997 No. 23 s 39

Subdivision 12—Community service obligationssdiv 12 (ss 677–678) ins 1997 No. 23 s 39

Subdivision 13—General reserve powers of shareholderssdiv 13 (s 679) ins 1997 No. 23 s 39

Subdivision 14—Suspected insolvency from directionssdiv 14 (s 680) ins 1997 No. 23 s 39

Subdivision 15—Limitation on local government directionssdiv 15 (s 681) ins 1997 No. 23 s 39

Subdivision 16—Reports and other accountability matterssdiv hdg ins 1997 No. 23 s 39

Application of Financial Administration and Audit Acts 682 ins 1997 No. 23 s 39

amd 1998 No. 21 s 36

Quarterly reportss 683 ins 1997 No. 23 s 39

Annual reportss 684 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Annual report open to inspections 685 ins 1997 No. 23 s 39

Omission of certain matters from annual report etc.s 686 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

LGOC board to keep shareholder informeds 687 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Subdivision 17—Duties and liabilities of directors and other officerssdiv hdg ins 1997 No. 23 s 39

Disclosure of interests by directorss 688 ins 1997 No. 23 s 39

Voting by interested directors 689 ins 1997 No. 23 s 39

723


Duty and liability of certain officers of corporatised corporations 690 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Prohibition on loans to directorss 691 ins 1997 No. 23 s 39

When corporatised corporation not to indemnify officerss 692 ins 1997 No. 23 s 39

Corporatised corporation not to pay premiums for certain liabilities of officerss 693 ins 1997 No. 23 s 39

Director’s duty to prevent insolvent tradings 694 ins 1997 No. 23 s 39

Court may order compensations 695 ins 1997 No. 23 s 39

Examination of persons concerned with corporatised corporationss 696 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Power to grant reliefs 697 ins 1997 No. 23 s 39

False or misleading information or documentss 698 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Notice of suspected insolvency otherwise than because of directions 699 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Subdivision 18—Legal capacity and powerssdiv 18 (ss 700–706) ins 1997 No. 23 s 39

Subdivision 19—Finance—taxationsdiv hdg ins 1997 No. 23 s 39

State taxess 707 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Commonwealth and State tax equivalentss 708 ins 1997 No. 23 s 39

Subdivision 20—Finance—borrowing and guaranteessdiv 20 (ss 709–710) ins 1997 No. 23 s 39

Subdivision 21—Finance—dividendssdiv hdg ins 1997 No. 23 s 39

Payment of dividendss 711 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

724


Interim dividendss 712 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Dividend payment for financial year of becoming a corporatised corporations 713 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Subdivision 22—Acquisition and disposal of assets and subsidiariessdiv 22 (ss 714–716) ins 1997 No. 23 s 39

Subdivision 23—Employeessdiv hdg ins 1997 No. 23 s 39

Employees of corporatised corporationss 717 ins 1997 No. 23 s 39

Terms of employments 718 ins 1997 No. 23 s 39

Arrangements relating to staffs 719 ins 1997 No. 23 s 39

Superannuation schemess 720 ins 1997 No. 23 s 39

Superannuation for officers and employees of corporatised corporation whowere previously officers of a local government

s 721 ins 1997 No. 23 s 39

Preservation of leave and other entitlements of certain former employees oflocal government

s 722 ins 1997 No. 23 s 39amd 1997 No. 42 s 19 sch

Subdivision 24—Other matterssdiv 24 (ss 723–728) ins 1997 No. 23 s 39

Division 4—Miscellaneousdiv hdg ins 1997 No. 23 s 39

Monitoring and assessment of corporatised corporationss 729 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Giving of documents to boards 730 ins 1997 No. 23 s 39

Judicial notice of certain resolutionss 731 ins 1997 No. 23 s 39

When resolutions amending certain resolutions take effects 732 ins 1997 No. 23 s 39

Local governments and certain officers not directors etc.s 733 ins 1997 No. 23 s 39

725


Division 5—Additional provisions relating to board of corporatised corporationsdiv hdg ins 1997 No. 23 s 39

Subdivision 1—Composition of boardsdiv hdg ins 1997 No. 23 s 39

Composition of boards 734 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Chairperson and deputy chairpersons 735 ins 1997 No. 23 s 39

Subdivision 2—Meetings and other business of boardsdiv hdg ins 1997 No. 23 s 39

Meaning of “required minimum number” of directorss 736 ins 1997 No. 23 s 39

Conduct of meetings and other businesss 737 ins 1997 No. 23 s 39

Times and places of meetingss 738 ins 1997 No. 23 s 39

Presiding at meetingss 739 (prev s 459LE) ins 1997 No. 23 s 39

renum 1997 No. 76 s 8 sch

Quorum and voting at meetingss 740 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Participation in meetings by telephone etc.s 741 ins 1997 No. 23 s 39

Resolutions without meetingss 742 ins 1997 No. 23 s 39

Minutess 743 ins 1997 No. 23 s 39

Subdivision 3—Provisions relating to directorssdiv hdg ins 1997 No. 23 s 39

Appointment of directorss 744 ins 1997 No. 23 s 39

LGOC director not to be chief executive officer or other employee of LGOC’ssubsidiary

s 745 ins 1997 No. 23 s 39

Procedure for appointment of directorss 746 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

726


Terms of appointment not provided for under divs 1–4s 747 ins 1997 No. 23 s 39

Appointment of acting directors 748 ins 1997 No. 23 s 39

Resignations 749 ins 1997 No. 23 s 39

Termination of appointment as directors 750 ins 1997 No. 23 s 39

Division 6—Additional provisions relating to chief executive officersdiv hdg ins 1997 No. 23 s 39

Appointment of chief executive officers 751 ins 1997 No. 23 s 39

Local government employees cannot be chief executive officers of corporatisedcorporations

s 752 ins 1997 No. 23 s 39

Definitionss 752A orig s 752A (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7

exp 24 February 1995 (see s 752F)

Postponement of affected local governments’ electionss 752B orig s 752B (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7


Effect of postponement of electionss 752C orig s 752C (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7


Cut-off day for voters rolls for postponed electionss 752D orig s 752D (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7


Regulation making powers 752E orig s 752E (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7


Expiry of parts 752F orig s 752F (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7


Director may be chief executive officers 753 ins 1997 No. 23 s 39

Appointment of acting chief executive officers 754 ins 1997 No. 23 s 39

amd 1997 No. 42 s 19 sch

Terms of appointment not provided for under divs 1–4s 755 ins 1997 No. 23 s 39

727


Resignations 756 orig s 756 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig

s 761(1))pres s 756 ins 1997 No. 23 s 39

Termination of appointments 757 orig s 757 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig

s 761(1))pres s 757 ins 1997 No. 23 s 39

CHAPTER 9—CONDUCT OF COMPETITIVE BUSINESS ACTIVITIESch hdg ins 1997 No. 23 s 39


Object of ch 9s 758 orig s 758 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig

s 761(1))pres s 758 ins 1997 No. 23 s 39

Competitive neutrality principless 759 orig s 759 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig

s 761(1))pres s 759 ins 1997 No. 23 s 39 (as amd 1997 No. 42 s 19 sch)

Application to Brisbane City Councils 760 orig s 760 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig

s 761(1))pres s 760 ins 1997 No. 23 s 39


Definitions for ch 9s 761 orig s 761 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig

s 761(1))pres s 761 ins 1997 No. 23 s 39 (as amd 1997 No. 42 s 19 sch)

Meaning of “business activity”s 762 orig s 762 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see

orig s 768)pres s 762 ins 1997 No. 23 s 39

PART 3—CODE OF COMPETITIVE CONDUCTpt 3 hdg ins 1997 No. 23 s 39

Code must be applied to roads business activitiess 763 orig s 763 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see


728


When code must be applied to other business activitiess 764 orig s 764 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see


PART 4—ANNUAL REVIEW OF BUSINESS ACTIVITIESpt hdg ins 1997 No. 23 s 39

Annual review of business activitiess 765 orig s 765 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see


Local government to resolve whether to apply code of competitive conduct tobusiness activities

s 766 orig s 766 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (seeorig s 768)

pres s 766 ins 1997 No. 23 s 39 (as amd 1997 No. 42 s 19 sch)

Application of code of competitive conduct to other activitiess 767 orig s 767 (incl in orig ch 14 pt 1 div 3 sdiv B) exp 26 March 1995 (see


Information to be included in annual reports 768 orig s 768 (incl in orig ch 14 pt 1 div 3 sdiv C) exp 26 March 1995 (see

orig s 768)pres s 768 ins 1997 No. 23 s 39(2)–(4) exp 1 July 2000 (see s 768(4))

CHAPTER 10—REFORM OF CERTAIN WATER AND SEWERAGESERVICES

ch hdg ins 1997 No. 23 s 39


Object of ch 10s 769 orig s 769 (incl in orig ch 14 pt 1 div 4) exp 26 October 1994 (see orig

s 769(3))pres s 769 ins 1997 No. 23 s 39

Application to Brisbane City Councils 770 orig s 770 (incl in orig ch 14 pt 1 div 5) exp 7 December 1994 (see orig

s 772)pres s 770 ins 1997 No. 23 s 39

Meaning of relevant business activitys 771 orig s 771 (incl in orig ch 14 pt 1 div 5) exp 7 December 1994 (see orig

s 772)pres s 771 ins 1997 No. 23 s 39


729


Definitions for ch 10s 772 orig s 772 (incl in orig ch 14 pt 1 div 5) exp 7 December 1994 (see orig

s 772)pres s 772 ins 1997 No. 23 s 39

PART 3—ASSESSMENT OF COST EFFECTIVENESS OF TWO-PARTTARIFFS FOR WATER SUPPLY


Assessment of cost effectiveness of two-part tariffs to be carried outs 773 orig s 773 (incl in orig ch 14 pt 1 div 6) sub 1995 No. 11 s 13

AIA s 20A applies (see s 773(4)exp 1 July 1995 (see s 773(5))pres s 773 ins 1997 No. 23 s 39

Local government to resolve on assessment and report processs 774 orig s 774 (incl in orig ch 14 pt 1 div 6) exp 30 June 1994 (see orig

s 774(2))pres s 774 ins 1997 No. 23 s 39

Timing for assessments and reportss 775 ins 1997 No. 23 s 39

Fresh assessment within 3 years if recommendation on two-part tariffs notimplemented

s 776 ins 1997 No. 23 s 39

Regulation about assessments and reportss 777 ins 1997 No. 23 s 39

PART 4—DECISION ON TWO-PART TARIFF REPORTSpt hdg ins 1997 No. 23 s 39

Object of pt 4s 778 ins 1997 No. 23 s 39

Public access to two-part tariff reportss 779 ins 1997 No. 23 s 39

Local government to resolve whether to apply two-part tariffs 780 ins 1997 No. 23 s 39

Timing for resolutions 781 ins 1997 No. 23 s 39

Notice to Minister of resolutions 782 orig s 782 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig

s 786)pres s 782 ins 1997 No. 23 s 39

PART 5—IMPLEMENTATION OF CERTAIN CHARGING ARRANGEMENTSAND REPORTING PROCEDURES


730


Local governments to implement charging and operational arrangements forrelevant business activities

s 783 orig s 783 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see origs 786)

pres s 783 ins 1997 No. 23 s 39

Start of work to apply two-part tariffss 784 orig s 784 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig

s 786)pres s 784 ins 1997 No. 23 s 39 (as amd 1997 No. 42 s 19 sch)

Timetable for implementing arrangementss 785 orig s 785 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig

s 786)pres s 785 ins 1997 No. 23 s 39 (as amd 1997 No. 42 s 19 sch)

Strategies for applying s 783(b) to (e)s 786 orig s 786 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig

s 786)prev s 786 (incl in R3 ch 14 pt 1) ins 1994 No. 71 s 12exp 30 June 1995 (see 786(3))pres s 786 ins 1997 No. 23 s 39

CHAPTER 11—COMPLAINTS ABOUT COMPETITIVE NEUTRALITYch hdg ins 1997 No. 76 s 11

PART 1—PRELIMINARYpt 1 (ss 787–790) ins 1997 No. 76 s 11

PART 2—COMPLAINT PROCESS FOR LOCAL GOVERNMENT BUSINESSENTITIES


Division 1—Preliminarydiv 1 (ss 791–792) ins 1997 No. 76 s 11

Division 2—Complaints about competitive neutralitydiv hdg ins 1997 No. 76 s 11

Local government to establish complaint processs 793 orig s 793 (incl in orig ch 14 pt 1 div 10) om R2 (see RA s 38)

pres s 793 ins 1997 No. 76 s 11

Numbering and renumbering of Acts 793C ins 1997 No. 23 s 53 (incl in ch 18 pt 2)

om R4 (see RA s 37)

Requirements for complaint processs 794 ins 1997 No. 76 s 11

Grounds for complaints 795 ins 1997 No. 76 s 11

Effect of complaint on activitiess 796 ins 1997 No. 76 s 11

731


Referee to act fairlys 797 ins 1997 No. 76 s 11

Matters to be considered by referee on complaints 798 ins 1997 No. 76 s 11

Definitions 798A ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)

exp 2 July 1995 (see s 798M)

Meaning of expressions used in ch 12As 798B ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


First board of directorss 798C ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Assets and liabilities of boards 798D ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Board’s employeess 798E ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Continuation of board does not affect legal personality etc.s 798F ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Assets and liabilities of schemes 798G ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Trust deeds 798H ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Continuation of scheme does not affect members’ entitlementss 798I ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Members of relevant persons plan become members of schemes 798J ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Assets and liabilities of relevant persons plans 798K ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Local government entitiess 798L ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


732


Expiry of divisions 798M ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Division 3—Investigation of complaintsdiv hdg ins 1997 No. 76 s 11

Requirement of referee to investigates 799 ins 1997 No. 76 s 11

Investigation notices 800 ins 1997 No. 76 s 11

Effect of giving an investigation notices 801 ins 1997 No. 76 s 11

General proceduress 802 orig s 802 (incl in orig ch 14 pt 2) om R1 (see RA s 40)

prev s 802 ins 1994 No. 77 s 3 sch 1om R2 (see RA s 37)pres s 802 ins 1997 No. 76 s 11

Consideration of submissionss 803 orig s 803 (incl in orig ch 14 pt 2) om R1 (see RA s 40)

pres s 803 ins 1997 No. 76 s 11

Handling of documentss 804 orig s 804 (incl in orig ch 14 pt 3) om R1 (see RA s 40)

prev s 804 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prevs 809)

pres s 804 ins 1997 No. 76 s 11

Confidential informations 805 prev s 805 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev

s 809)pres s 805 ins 1997 No. 76 s 11

Division 4—Reports on complaintsdiv hdg ins 1997 No. 76 s 11

Giving of reportss 806 prev s 806 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev

s 809)pres s 806 ins 1997 No. 76 s 11

Contents of reportss 807 prev s 807 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev

s 809)pres s 807 ins 1997 No. 76 s 11

Reports open to inspections 808 prev s 808 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev

s 809)pres s 808 ins 1997 No. 76 s 11

733


Local government decisions on recommendationss 809 prev s 809 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev

s 809)pres s 809 ins 1997 No. 76 s 11

Division 5—General provisions about complaints processdiv hdg ins 1997 No. 76 s 11

Disposal of documents held by referees 810 prev s 810 (incl in R3 ch 15 pt 1 div 5) exp 26 March 1996 (see s 814 (as

renum in R3))prev s 810 ins 1996 No. 81 s 84exp 1 May 1997 (see s 810(3))pres s 810 ins 1997 No. 76 s 11

Protection from liability of referee or person assisting referees 811 prev s 811 (incl in R3 ch 14 pt 1 div 5) exp 26 March 1996 (see s 814 (as

renum in R3))prev s 811 ins 1996 No. 81 s 84exp 16 December 1996 (see s 811(4))pres s 811 ins 1997 No. 76 s 11

Protection from liability of person giving information to referees 812 prev s 812 (incl in R3 ch 14 pt 1 div 5) exp 26 March 1996 (see s 814 (as

renum in R3))prev s 812 ins 1996 No. 81 s 84exp 1 May 1997 (see s 812(3))pres 812 ins 1997 No. 76 s 11

Secrecys 813 ins 1997 No. 76 s 11

Draft reportss 814 prev s 814 (incl in R3 ch 14 pt 1 div 5) exp 26 March 1996 (see s 814 (as

renum in R3))prev s 814 ins 1996 No. 81 s 84exp 16 December 1996 (see s 814(3))pres s 814 ins 1997 No. 76 s 11

Division 6—Provisions for Queensland Competition Authority as refereediv hdg ins 1997 No. 76 s 11

Local government may resolve Queensland Competition Authority to bereferee

s 815 prev s 815 (incl in R3 ch 15 pt 1) exp 25 March 1996 (see prev s 817)pres s 815 ins 1997 No. 76 s 11

Application of complaints processs 816 prev s 816 (incl in R3 ch 15 pt 1 div 6) amd 1995 No. 11 s 15

exp 25 March 1996 (see prev s 817)pres s 816 ins 1997 No. 76 s 11

734


Making a complaints 817 (incl in R3 ch 15 pt 1 div 6) sub 1994 No. 77 s 3 sch 2

exp 25 March 1996 (see prev s 817)pres s 817 ins 1997 No. 76 s 11

Further information to support complaints 818 ins 1997 No. 76 s 11

Application of part and Queensland Competition Authority Act 1997s 819 ins 1997 No. 76 s 11

Local government decisions on recommendationss 820 ins 1997 No. 76 s 11

PART 3—REFERENCES TO QUEENSLAND COMPETITION AUTHORITYpt hdg ins 1997 No. 76 s 11

Division 1—Application of partdiv 1 (s 821) ins 1997 No. 76 s 11

Division 2—Institution of referencediv 2 (ss 822–827) ins 1997 No. 76 s 11

Division 3—Reports of Queensland Competition Authority about referencesdiv 3 (ss 828–831) ins 1997 No. 76 s 11

PART 4—ACCREDITATIONpt 4 (ss 832–845) ins 1997 No. 76 s 11

PART 5—MISCELLANEOUSpt 5 (ss 846–847) ins 1997 No. 76 s 11

CHAPTER 12—LOCAL LAWS AND LOCAL LAW POLICIESPART 1—PRELIMINARYDivision 1—Object and applicationObjects 848 amd 1997 No. 42 s 18

Division 2—Local laws and related conceptsLocal laws and local law policies about developments 854 ins 1997 No. 69 s 6.3.1 sch 9 (as amd by 1998 No. 13 s 179)

amd 1998 No. 31 s 85

PART 2—MAKING LOCAL LAWS AND LOCAL LAW POLICIESpt hdg sub 1994 No. 77 s 3 sch 2

Division 1—Making model local lawsApplication of divisions 855 ins 1997 No. 23 s 40

Step 1—make a laws 856 amd 1997 No. 23 s 41

Step 2—give public notice of laws 857 amd 1997 No. 23 s 42

735


Division 3—Making other local lawsApplication of divisions 864 ins 1997 No. 23 s 43

Step 2—ensure proposed law satisfactorily deals with any State interests 867 amd 1997 No. 23 s 44

Step 7—again ensure proposed law satisfactorily deals with any State interests 872 amd 1997 No. 23 s 45

Step 9—give public notice of laws 874 amd 1997 No. 23 s 46

Division 4—Making local law policiesApplication of divisions 875 ins 1997 No. 23 s 47

Step 2—consult with public about proposed policys 878 amd 1994 No. 77 s 3 sch 2

Step 5—make proposed policys 881 amd 1997 No. 23 s 48

Step 6—give public notice of policys 882 amd 1997 No. 23 s 49

Early commencement under local law policy making processs 883 ins 1994 No. 77 s 3 sch 2

Division 5—Anti-competitive provisions of proposed local laws and proposedlocal law policies


Application of divisions 884 ins 1997 No. 23 s 50 (as amd 1997 No. 42 s 19 sch)

Definitions for div 5s 885 ins 1997 No. 23 s 50

Local laws and local law policies not to be made unless local governmentcomplies with division

s 886 ins 1997 No. 23 s 50

Review of proposed local law or proposed local law policy to identify possibleanti-competitive provisions

s 887 ins 1997 No. 23 s 50

Public interest test of possible anti-competitive provisionss 888 ins 1997 No. 23 s 50

Local government to decide on test and report processs 889 ins 1997 No. 23 s 50

Public interest test report to be presented to local government meetings 890 ins 1997 No. 23 s 50

736


Local government to resolve whether to implement recommendations of publicinterest test

s 891 ins 1997 No. 23 s 50

Public interest test reports are open to inspections 892 ins 1997 No. 23 s 50

Regulation about public interest tests and public interest test reportss 893 ins 1997 No. 23 s 50

PART 3—PUBLIC ACCESS TO LOCAL LAWS AND LOCAL LAW POLICIESLaws and policies available for inspection and purchases 894 amd 1994 No. 15 s 3 sch 2

PART 4—STATUS OF LOCAL LAWS AND LOCAL LAW POLICIESExtent to which local law policy is bindingprov hdg amd 1996 No. 81 s 65(1)s 897 amd 1996 No. 81 s 65(2)

CHAPTER 13—LOCAL GOVERNMENT INFRASTRUCTUREPART 2—ROADSDivision 2—Realignment and widening of roadsRealignment not carried outs 911 amd 1998 No. 13 s 191 sch

Division 4—MiscellaneousAncillary works and encroachments on roadss 919 amd 1995 No. 32 s 23 sch

PART 3—MALLSpt hdg prev pt 3 hdg (incl in R1 ch 13) ins 1994 No. 1 s 7

exp 24 February 1995 (see orig s 752F)

PART 4—MARINE AND AQUATIC MATTERSHarbours, jetties, breakwaters and rampss 934 amd 1994 No. 49 s 6 sch 2; 1994 No. 81 s 527 sch 5; 1995 No. 57 s 4

sch 1

PART 5—LOCAL GOVERNMENT CONTROL OVER LEVEE BANKSDivision 2—Control of levee banksRegulation of levee banks etc.s 938 amd 1999 No. 11 s 18

Division 5—Expiry of partdiv hdg om 1999 No. 11 s 19

Expiry of parts 956 sub 1994 No. 77 s 3 sch 2

amd 1996 No. 81 s 66om 1999 No. 11 s 19

737


CHAPTER 14—RATES AND CHARGESPART 1—GENERALDivision 1—Rateable landWhat land is rateable?s 957 amd 1995 No. 32 s 23 sch; 1996 No. 81 s 15 sch

Division 2—Averaging of valuationsdiv hdg orig ch 14 pt 1 div 2 hdg exp 26 March 1995 (see orig s 761(1))

Division 3—Opening and closure of roadsdiv hdg orig ch 14 pt 1 div 3 hdg exp 26 March 1995 (see orig s 768)

Subdivision A—Review of local government matterssdiv hdg orig ch 14 pt 1 div 3 sdiv A hdg exp 26 March 1995 (see orig s 768)

Subdivision B—Local Government Grants Commissionsdiv hdg orig ch 14 pt 1 div 3 sdiv B hdg exp 26 March 1995 (see orig s 768)

Subdivision C—Expirysdiv hdg orig ch 14 pt 1 div 3 sdiv C hdg exp 26 March 1995 (see orig s 768)

Division 4—Miscellaneousdiv hdg orig ch 14 pt 1 div 4 hdg exp 26 October 1994 (see orig s 769(3))

prev ch 14 pt 1 div 4 hdg (orig ch 14 pt 1 div 9 (renum in R2)) exp26 March 1997 (see s 809 as renum in R2)

Division 5—Local government electionsdiv hdg orig ch 14 pt 1 div 5 hdg exp 7 December 1994 (see orig s 772)

Division 8—Local government infrastructurediv hdg orig ch 14 pt 1 div 8 hdg exp 26 March 1995 (see orig s 786)

Division 10—Provisions aiding the local governmentdiv hdg orig ch 14 pt 1 div 10 hdg om R2 (see RA s 38)

Division 11A—Local Government Superannuationdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1)


Subdivision A—Interpretationsdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Subdivision B—Local Government Superannuation Boardsdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


Subdivision C—Local Government Employee’s Superannuation Scheme andrelevant persons plan

sdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)exp 2 July 1995 (see s 798M)

Subdivision D—Miscellaneoussdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A)


738


PART 2—MAKING AND LEVYING RATES AND CHARGESpt hdg orig ch 14 pt 2 hdg om R1 (see RA s 40)

Differential general rates 966 amd 1997 No. 28 s 295 sch 3

Minimum general rate levy on time shared propertys 968 amd 1997 No. 28 s 295 sch 3

Special rates and chargess 971 amd 1994 No. 71 s 9

Separate rates and chargess 972 amd 1994 No. 71 s 10

Utility chargess 973 amd 1994 No. 71 s 11; 1996 No. 81 s 67

PART 3—CATEGORISATION OF LAND FOR DIFFERENTIAL RATINGpt hdg orig ch 14 pt 3 hdg om R1 (see RA s 40)

Division 1—Categorisation of landLand must be categorised for differential general ratess 976 amd 1994 No. 77 s 3 sch 2

Division 3—Notice of categorisationNotice to owner of categorisations 983 amd 1994 No. 77 s 3 sch 2

PART 4—LAND RECORD OF LOCAL GOVERNMENTDivision 1—Land recordResolution to remove valueless land from land records 997 amd 1994 No. 77 s 3 sch 2

PART 5—LEVYING AND PAYMENT OF RATESDivision 1—Levying of ratesLevying ratess 1008 amd 1994 No. 77 s 3 sch 2

Division 2—Payment of ratesPayment by instalmentss 1015 amd 1996 No. 81 s 68

Division 3—Overdue ratesMeaning of “overdue rate”s 1016 amd 1996 No. 81 s 69

Overdue rates may bear interests 1018 amd 1994 No. 77 s 3 sch 2

Division 4—Discounts and other benefits for prompt payment of ratesOther benefits for prompt payments 1023 amd 1996 No. 81 s 70

(2)–(4) exp 30 June 1998 (see s 1023(4))

739


PART 6—CONCESSIONSRemission, composition and settlement of ratess 1031 amd 1996 No. 81 s 71

Deferral of liability to pay ratess 1032 amd 1996 No. 81 s 72

Resort to remission, composition, settlement or deferral requires justifications 1033 amd 1994 No. 77 s 3 sch 2; 1997 No. 42 s 19 sch

Limitation of increase in rate levieds 1036 amd 1994 No. 77 s 3 sch 2

PART 7—RECOVERY OF RATESDivision 2—Recovery of overdue ratesRecovery by court actions 1038 amd 1994 No. 77 s 3 sch 2

Division 3—Sale of land for overdue ratesLocal government must first give notices 1041 amd 1994 No. 77 s 3 sch 2

Starting and ending of sale proceduress 1042 amd 1994 No. 77 s 3 sch 2; 1996 No. 81 s 73

Procedures for sales 1043 amd 1994 No. 77 s 3 sch 2; 1997 No. 28 s 295 sch 3

Reserve price at auctions 1044 amd 1996 No. 81 s 74

Issue of titleprov hdg amd 1994 No. 77 s 3 sch 2s 1049 amd 1994 No. 77 s 3 sch 2

Division 4—Acquisition by local government of valueless landPurpose of this divisions 1051 sub 1994 No. 77 s 3 sch 2

Local government must first give notices 1052 amd 1994 No. 77 s 3 sch 2

Application to be registered as owners 1053 amd 1994 No. 77 s 3 sch 2

CHAPTER 15—PROVISIONS AIDING LOCAL GOVERNMENTPART 1—EXTENDED APPLICATION OF CHAPTERDivision 5—Local government staffdiv hdg prev div 5 hdg (incl in R3 ch 15 pt 1) exp 26 March 1996 (see s 814 (as

renum in R3))

Division 6—Generaldiv hdg prev div 6 hdg (incl in R3 ch 15 pt 1) exp 25 March 1996 (see s 817 (as

renum in R3))

740


PART 2—POWERS UNDER THIS CHAPTERpt hdg ins 1994 No. 77 s 4

Powers of entrys 1060 ins 1994 No. 77 s 4

PART 3—RIGHT TO TAKE MATERIALSpt hdg (prev pt 2 hdg) renum 1994 No. 77 s 3 sch 1

PART 4—EXECUTION OF LOCAL GOVERNMENT ACTSpt hdg prev pt 4 hdg om 1994 No. 77 s 8

pres pt 4 hdg (prev pt 3 hdg) renum 1994 No. 77 s 3 sch 1

Division 1—Compliance with requirements of local government ActsOrder on occupier who refuses entrys 1063 amd 1994 No. 77 s 5

Performing work for owner or occupiers 1066 sub 1994 No. 77 s 6

Division 2—Entry on landEntry on land for local government purposess 1070 sub 1994 No. 77 s 7

Division 3—GeneralObstructing execution of local government Act etc.s 1072 amd 1994 No. 77 s 3 sch 2

Finess 1076 amd 1994 No. 77 s 3 sch 2

Indictable and summary offencess 1077 sub 1997 No. 23 s 51

Proceedings for indictable offencess 1078 ins 1997 No. 23 s 51

Limitation on who may summarily hear indictable offence proceedingss 1079 ins 1997 No. 23 s 51

Limitation on time for starting summary proceedingss 1080 ins 1997 No. 23 s 51

PART 5—ENFORCEMENT OF LOCAL GOVERNMENT ACTSpt hdg ins 1994 No. 77 s 8

Division 1—Interpretationdiv hdg ins 1994 No. 77 s 8

Definitionss 1082 sub 1994 No. 77 s 8

References to “local government” and “authorised person”s 1083 sub 1994 No. 77 s 8

Division 2—Authorised personsdiv hdg ins 1994 No. 77 s 8

741


Appointments 1084 sub 1994 No. 77 s 8

Limitation on authorised person’s powerss 1085 sub 1994 No. 77 s 8

Authorised person’s appointment conditionss 1086 sub 1994 No. 77 s 8

Authorised persons’s identity cards 1087 sub 1994 No. 77 s 8

Production of identity cards 1088 sub 1994 No. 77 s 8

Offencess 1089 ins 1994 No. 77 s 8

Division 3—Infringement notice offencesdiv hdg ins 1994 No. 77 s 8

Power to require name and addresss 1090 ins 1994 No. 77 s 8

Division 4—Investigations about offencesdiv hdg ins 1994 No. 77 s 8

Entry to placess 1091 ins 1994 No. 77 s 8

Agreement to entrys 1092 ins 1994 No. 77 s 8

Evidence of agreements 1093 ins 1994 No. 77 s 8

Division 5—Warrantsdiv hdg ins 1994 No. 77 s 8

Warrants for entrys 1094 ins 1994 No. 77 s 8

Warrants—applications made otherwise than in persons 1095 ins 1994 No. 77 s 8

Division 6—Monitoring authorisations and notices and processing applicationsdiv hdg ins 1994 No. 77 s 8

Monitoring authorisations and processing applicationss 1096 ins 1994 No. 77 s 8

Limitation on entry to residences 1097 ins 1994 No. 77 s 8

Division 7—Approved inspection programsdiv hdg ins 1994 No. 77 s 8

742


Approval of inspection programs 1098 ins 1994 No. 77 s 8

Notice of proposed inspection programs 1099 ins 1994 No. 77 s 8

Access to programs 1100 ins 1994 No. 77 s 8

Power of entry under approved inspection programs 1101 ins 1994 No. 77 s 8

Division 8—Powers on entrydiv hdg ins 1994 No. 77 s 8

General powers after entering placess 1102 ins 1994 No. 77 s 8

Division 9—Other enforcement mattersdiv hdg ins 1994 No. 77 s 8

Authorised person to give notice of damages 1103 ins 1994 No. 77 s 8

Compensations 1104 ins 1994 No. 77 s 8

Division 10—Special provision for local laws about dogsdiv hdg ins 1994 No. 77 s 8

Local laws about dogss 1105 ins 1994 No. 77 s 8

amd 1996 No. 81 s 75; 1997 No. 76 s 12

PART 6—LEGAL PROCESSES INVOLVING LOCAL GOVERNMENTSpt hdg (prev pt 5 hdg) renum 1994 No. 77 s 3 sch 1

PART 7—EVIDENTIARY MATTERSpt hdg (prev pt 6 hdg) renum 1994 No. 77 s 3 sch 1

Proof of complainant’s knowledge of matters 1121 ins 1997 No. 23 s 52

PART 8—GENERAL ADMINISTRATIVE MATTERSpt hdg (prev pt 7 hdg) renum 1994 No. 77 s 3 sch 1

Ownership of things in local government’s controls 1122 amd 1994 No. 77 s 3 sch 2

CHAPTER 16—LOCAL GOVERNMENT STAFFPART 2—EMPLOYMENT OF STAFF AND PERSONNEL PRACTICESPersonnel practicess 1130 amd 1996 No. 81 s 76

PART 4—OBLIGATIONS OF LOCAL GOVERNMENT EMPLOYEESRegisters of interestss 1139 amd 1994 No. 77 s 3 sch 2

743


CHAPTER 17—SUPERANNUATIONch hdg ins 1995 No. 11 s 12

PART 1—INTERPRETATIONpt hdg ins 1995 No. 11 s 12

Definitionss 1170 ins 1995 No. 11 s 12

Meaning of “permanent employee”s 1171 ins 1995 No. 11 s 12

PART 2—QUEENSLAND LOCAL GOVERNMENT SUPERANNUATIONBOARD


Division 1—Establishment, functions and powers of boarddiv hdg ins 1995 No. 11 s 12

Establishment of boards 1172 ins 1995 No. 11 s 12

Legal status of boards 1173 ins 1995 No. 11 s 12

Board’s functionss 1174 ins 1995 No. 11 s 12

Board’s powerss 1175 ins 1995 No. 11 s 12

Division 2—Board of directorsdiv hdg ins 1995 No. 11 s 12

Board of directorss 1176 ins 1995 No. 11 s 12

Role of the board of directorss 1177 ins 1995 No. 11 s 12

Composition of board of directorss 1178 ins 1995 No. 11 s 12

Division 3—Generaldiv hdg ins 1995 No. 11 s 12

Delegation of board’s powerss 1179 ins 1995 No. 11 s 12

PART 3—LOCAL GOVERNMENT SUPERANNUATION SCHEMEpt hdg ins 1995 No. 11 s 12

Division 1—Continuation and membership of schemediv hdg ins 1995 No. 11 s 12

Scheme continueds 1180 ins 1995 No. 11 s 12

744


Membership of schemes 1181 ins 1995 No. 11 s 12

Division 2—Contributions for permanent employeesdiv hdg ins 1995 No. 11 s 12

Local governments’ liability for permanent employeess 1182 ins 1995 No. 11 s 12

Permanent employees’ liability for contributionss 1183 ins 1995 No. 11 s 12

amd 1996 No. 81 s 77

Additional contributions to schemes 1184 ins 1995 No. 11 s 12

Contributions may be deducted from employees’ salariess 1185 ins 1995 No. 11 s 12

Adjustment of contributions because of change in salarys 1186 ins 1995 No. 11 s 12

Division 3—Contributions for non-contributory membersdiv hdg ins 1995 No. 11 s 12

Local governments’ liability for non-contributory memberss 1187 ins 1995 No. 11 s 12

Division 4—Generaldiv hdg ins 1995 No. 11 s 12

Interest payable on outstanding contributionss 1188 ins 1995 No. 11 s 12

PART 4—MISCELLANEOUSpt hdg ins 1995 No. 11 s 12

Prohibition on local governments establishing certain superannuation schemess 1189 ins 1995 No. 11 s 12

Management of other superannuation schemess 1190 ins 1995 No. 11 s 12

Relevant persons superannuation schemess 1191 ins 1995 No. 11 s 12

Auditor-general’s roles 1192 ins 1995 No. 11 s 12

Application of chapter to board’s employeess 1193 ins 1995 No. 11 s 12

CHAPTER 18—GENERALPART 2—MISCELLANEOUSApproval of formss 1202 ins 1996 No. 81 s 78

745


Declaration of existing electoral wards of City of Brisbanes 1204 ins 1996 No. 81 s 79

Application of Freedom of Information Act and Judicial Review Acts 1205 ins 1997 No. 23 s 53

CHAPTER 19—TRANSITIONAL, VALIDATION AND SAVINGSPROVISIONS, REPEALS AND AMENDMENTS

ch hdg amd 1996 No. 81 s 82

PART 1—TRANSITIONAL, VALIDATION AND SAVINGS PROVISIONSpt hdg amd 1996 No. 81 s 83

Division 1—PreliminaryReferences to local authority etc.s 1208 amd 1994 No. 15 s 3 sch 2; 1995 No. 57 s 4 sch 1

Division 2—Financial operation and accountabilityTrustees are statutory bodiess 1210 ins 1996 No. 54 s 9 sch

Division 3—Local laws and local law policiesApplication to Brisbane City Councils 1211 exp 2 July 1999 (see s 1216)

Status of pre-existing lawss 1212 exp 2 July 1999 (see s 1216)

Status of proposed lawss 1213 exp 2 July 1999 (see s 1216)

Review of pre-existing laws 1214 exp 2 July 1999 (see s 1216)

Repeal if no review of pre-existing laws 1215 sub 1996 No. 81 s 80

exp 2 July 1999 (see s 1216)

Expiry of divisions 1216 amd 1996 No. 81 s 81

exp 2 July 1999 (see s 1216)

Division 4—Anti-competitive provisions of existing local laws and existing locallaw policies


Subdivision 1—Preliminarysdiv 1 (ss 1217–1219) ins 1997 No. 23 s 54

Subdivision 2—Anti-competitive provisions of existing local laws and existinglocal law policies


Preliminary review of existing local laws and existing local law policies toidentify likely anti-competitive provisions

s 1220 ins 1997 No. 23 s 54

746


Timing of preliminary review and advice to Ministers 1221 ins 1997 No. 23 s 54

Local government may decide likely anti-competitive provision is not ananti-competitive provision

s 1222 ins 1997 No. 23 s 54

Public interest test of possible anti-competitive provisionss 1223 ins 1997 No. 23 s 54

Local government to decide on test and report processs 1224 ins 1997 No. 23 s 54

Public interest test report to be presented to local government meetings 1225 ins 1997 No. 23 s 54

Local government to resolve whether to implement recommendations of publicinterest test

s 1226 ins 1997 No. 23 s 54

Public interest test reports open to inspections 1227 ins 1997 No. 23 s 54

Repeal or amendment of anti-competitive provisions 1228 ins 1997 No. 23 s 54

Timing for resolution and implementations 1229 ins 1997 No. 23 s 54 (as amd 1997 No. 42 s 19 sch)

Simultaneous action under div 3 and other provisionss 1230 ins 1997 No. 23 s 54

Transitional regulation-making power about implementation of this divisions 1231 ins 1997 No. 23 s 54

Future identification and assessment of anti-competitive provisionss 1232 ins 1997 No. 23 s 54 (as amd 1997 No. 42 s 19 sch)

Division 5—Transitional and savings provisions for amendments under LocalGovernment Legislation Amendment Act 1996


Local government commissioner reportss 1233 prev s 1233 exp 26 March 1996 (see s 814 (as renum in R3))

pres s 1233 ins 1996 No. 81 s 84

SCHEDULE—AMENDMENTS OF ACTSamd 1994 No. 1 s 8; 1994 No. 15 s 3 sch 2om R1 (see RA s 40)

747


´8 List of forms

Form 1 version 1—Statement of interests of a councillorpubd gaz 25 March 1994 p 1151

Form 2 version 1—Statement of interests of a councillor’s related personpubd gaz 25 March 1994 p 1151

Form 3 version 1—Notice of correct particulars for a statement of interests of acouncillor or a councillor’s related person

pubd gaz 25 March 1994 p 1151

Form 4 version 1—Statement of interests of a relevant employeepubd gaz 25 March 1994 p 1151

Form 5 version 1—Statement of interests of a relevant employee’s relatedperson


Form 6 version 1—Notice of correct particulars for a statement of interests of arelevant employee or a relevant employee’s related person


Form 7 version 1—Transfer (for the purposes of section 32 of the LocalGovernment Regulation 1994)


Form 8 version 1—General request (for the purposes of sections 33 and 35 ofthe Local Government Regulation 1994)


Form 9 version 1—Application—Order to Enter (Section 658)pubd gaz 31 March 1995 p 1382

Form 10 version 1—Application—Warrant to Enter (Section 680(F)))pubd gaz 31 March 1995 p 1382

748


´9 Schedule of renumbering

Reprint No. 2 was renumbered under the Reprints Act 1992 s 43 as requiredby the Local Government Act 1993 s 802

Reprint No. 3 was renumbered under the Reprints Act 1992 s 43

Reprint No. 4 was renumbered under the Reprints Act 1992 s 43 as requiredby the Local Government Act 1993 s 793C

Original Reprint New ss Reprint New ss Reprint New ss ReprintAct No. 1 ins No. 2 ins No. 3 ins No. 4

between between between26/4/94 Reprint 3/4/95 Reprint 7/7/95 Reprint 1/7/98

Nos. 1 Nos. 2 Nos. 3and 2 and 3 and 4

ch 1 hdg ch 1 hdg – ch 1 hdg – ch 1 hdg – ch 1 hdg

pt 1 hdg pt 1 hdg – pt 1 hdg – pt 1 hdg – pt 1 hdg

1 1 – 1 – 1 – 1

2 2 – 2 – om – –


3 3 – 3 – 3 – 2


4 4 – 4 – 4 – 3

5 5 – 5 – 5 – 4

6 6 – 6 – 6 – 5

7 7 – 7 – 7 – 6

8 8 – 8 – 8 – 7

– – – – – – 8(1)(aa) 7(1)(a)

8(1)(a) 8(1)(a) – 8(1)(a) – 8(1)(a) – 7(1)(b)

8(1)(b) 8(1)(b) – 8(1)(b) – 8(1)(b) – 7(1)(c)

– – – – – – 8(1)(c) 7(1)(d)

– – – – – – 8A 8


9 9 – 9 – 9 – 9

10 10 – 10 – 10 – 10


11 11 – 11 – 11 – 11

749





12 12 – 12 – 12 – 12


13 13 – 13 – 13 – 13

14 14 – 14 – 14 – 14



div 1 hdg div 1 hdg – div 1 hdg – div 1 hdg – div 1 hdg

15 15 – 15 – 15 – 15

16 16 – 16 – 16 – 16

17 17 – 17 – 17 – 17

18 18 – 18 – 18 – 18


19 19 – 19 – 19 – 19

20 20 – 20 – 20 – 20


21 21 – 21 – 21 – 21

22 22 – 22 – 22 – 22

23 23 – 23 – 23 – 23

24 24 – 24 – 24 – 24

25 25 – 25 – 25 – 25

26 26 – 26 – 26 – 26

27 27 – 27 – 27 – 27

28 28 – 28 – 28 – 28

29 29 – 29 – 29 – 29

30 30 – 30 – 30 – 30

31 31 – 31 – 31 – 31


32 32 – 32 – 32 – 32

33 33 – 33 – 33 – 33


750





34 34 – 34 – 34 – 34

35 35 – 35 – 35 – 35

36 36 – 36 – 36 – 36


37 37 – 37 – 37 – 37

38 38 – 38 – 38 – 38



39 39 – 39 – 39 – 39

40 40 – 40 – 40 – 40


41 41 – 41 – 41 – 41


42 42 – 42 – 42 – 42


43 43 – 43 – 43 – 43

44 44 – 44 – 44 – 44


45 45 – 45 – 45 – 45

46 46 – 46 – 46 – 46


47 47 – 47 – 47 – 47

48 48 – 48 – 48 – 48


49 49 – 49 – 49 – 49

50 50 – 50 – 50 – 50

51 51 – 51 – 51 – 51

52 52 – 52 – 52 – 52


53 53 – 53 – 53 – 53

751





54 54 – 54 – 54 – 54



55 55 – 55 – 55 – 55

56 56 – 56 – 56 – 56


57 57 – 57 – 57 – 57

58 58 – 58 – 58 – 58

59 59 – 59 – 59 – 59

60 60 – 60 – 60 – 60




61 61 – 61 – 61 – 61

62 62 – 62 – 62 – 62

63 63 – 63 – 63 – 63

64 64 – 64 – 64 – 64

– – – – – – 64(1A) 64(2)

– – – – – – 64(1B) 64(3)

– – – – – – 64(1C) 64(4)

64(2) 64(2) – 64(2) – 64(2) – 64(5)

– – – – – – 64(2A) 64(6)

64(3) 64(3) – 64(3) – 64(3) – 64(7)

64(4) 64(4) – 64(4) – 64(4) – 64(8)

64(5) 64(5) – 64(5) – 64(5) – 64(9)

64(6) 64(6) – 64(6) – 64(6) – 64(10)

65 65 – 65 – 65 – 65


sdiv A hdg sdiv A hdg – sdiv 1 hdg – sdiv 1 hdg – sdiv 1 hdg

66 66 – 66 – 66 – 66

752





– – – – – – 66A 67

– – – – – – 66B 68

sdiv B hdg sdiv B hdg – sdiv 2 hdg – sdiv 2 hdg – sdiv 2 hdg

67 67 – 67 – 67 – 69

– – – – – – 67A 70

– – – – – – 67B 71

– – – – – – 67C 72

– – – – – – 67D 73

– – – – – – 67E 74

– – – – – – 67F 75

– – – – – – sdiv 3 hdg sdiv 3 hdg

68 68 – 68 – 68 – 76

sdiv C hdg sdiv C hdg – sdiv 3 hdg – sdiv 3 hdg om –

– – – – – – div 3 hdg div 3 hdg


69 69 – 69 – 69 – 77

– – – – – – 69A 78

– – – – – – 69B 79


70 70 – 70 – 70 – 80

– – – – – – div 3A hdg div 4 hdg


71 71 – 71 – 71 – 81

– – – – – – 71A 82

– – – – – – 71B 83

– – – – – – 71C 84

– – – – – – 71D 85


72 72 – 72 – 72 – 86

– – – – – – 72A 87

753





– – – – – – 72B 88

– – – – – – 72C 89

– – – – – – 72D 90

– – – – – – 72D(4A) 90(5)

– – – – – – 72D(4B) 90(6)

– – – – – – 72D(5) 90(7)

– – – – – – 72D(6) 90(8)

– – – – – – 72E 91

– – – – – – 72F 92

– – – – – – 72G 93

– – – – – – 72G(1A) 93(2)

– – – – – – 72G(1B) 93(3)

– – – – – – 72G(1C) 93(4)

– – – – – – 72G(1D) 93(5)

– – – – – – 72G(1E) 93(6)

– – – – – – 72G(2) 93(7)

– – – – – – 72G(3) 93(8)

– – – – – – 72G(4) 93(9)

– – – – – – 72G(5) 93(10)

– – – – – – 72H 94

– – – – – – 72I 95

– – – – – – 72I(1A) 95(2)

– – – – – – 72I(2) 95(3)

– – – – – – 72I(3) 95(4)

– – – – – – 72J 96


73 73 – 73 – 73 – 97

– – – – – – 73A 98

– – – – – – 73B 99

– – – – – – 73C 100

754





– – – – – – 73C(2A) 100(3)

– – – – – – 73C(2B) 100(4)

– – – – – – 73C(3) 100(5)

– – – – – – 73C(4) 100(6)

– – – – – – 73C(5) 100(7)

– – – – – – 73D 101

– – – – – – 73E 102

– – – – – – 73E(1A) 102(2)

– – – – – – 73E(1B) 102(3)

– – – – – – 73E(1C) 102(4)

– – – – – – 73E(1D) 102(5)

– – – – – – 73E(1E) 102(6)

– – – – – – 73E(2) 102(7)

– – – – – – 73F 103

– – – – – – 73G 104

– – – – – – 73G(1A) 104(2)

– – – – – – 73G(2) 104(3)

– – – – – – 73G(3) 104(4)

div 3 hdg div 3 hdg – div 3 hdg – div 3 hdg om –

sdiv A hdg sdiv A hdg – sdiv 1 hdg – sdiv 1 hdg om –

– – – – – – div 3B hdg div 5 hdg

74 74 – 74 – 74 – 105

sdiv B hdg sdiv B hdg – sdiv 2 hdg – sdiv 2 hdg om –

75 75 – 75 – 75 – 106

76 76 – 76 – 76 – 107

77 77 – 77 – 77 – 108

78 78 – 78 – 78 – 109

– – – – – – 78A 110

79 79 – 79 – 79 – 111


755






80 80 – 80 – 80 – 112

81 81 – 81 – 81 – 113


82 82 – 82 – 82 – 114

83 83 – 83 – 83 – 115

84 84 – 84 – 84 – 116

85 85 – 85 – 85 – 117

86 86 – 86 – 86 – 118

87 87 – 87 – 87 – 119

88 88 – 88 – 88 – 120

89 89 – 89 – 89 – 121

90 90 – 90 – 90 – 122




91 91 – 91 – 91 – 123

– – – – – – 91A 124


92 92 – 92 – 92 – 125

– – – – – – 92A 126

– – – – – – 92B 127

– – – – – – 92C 128

– – – – – – 92D 129

– – – – – – 92E 130

– – – – – – 92F 131

– – – – – – 92G 132

– – – – – – 92H 133

– – – – – – 92I 134

– – – – – – 92J 135

756





– – – – – – 92K 136


93 93 – 93 – 93 – 137

– – – – – – 93A 138

– – – – – – 93B 139

– – – – – – 93C 140

– – – – – – 93D 141

– – – – – – 93E 142


94 94 – 94 – 94 – 143

– – – – – – 94A 144

– – – – – – div 5 hdg div 8 hdg


95 95 – 95 – 95 – 145


96 96 – 96 – 96 – 146

– – – – – – 96A 147


97 97 – 97 – 97 – 148

98 98 – 98 – 98 – 149

99 99 – 99 – 99 – 150

100 100 – 100 – 100 – 151

– – – – – – div 6 hdg div 9 hdg

101 101 – 101 – 101 – 152


102 102 – 102 – 102 – 153

103 103 – 103 – 103 – 154

104 104 – 104 – 104 – 155

105 105 – 105 – 105 – 156


757





106 106 – 106 – 106 – 157

– – – – – – 106(2A) 157(3)

106(3) 106(3) – 106(3) – 106(3) – 157(4)

106(4) 106(4) – 106(4) – 106(4) – 157(5)

106(5) 106(5) – 106(5) – 106(5) – 157(6)

107 107 – 107 – 107 – 158

108 108 – 108 – 108 – 159



109 109 – 109 – 109 – 160

110 110 – 110 – 110 – 161

111 111 – 111 – 111 – 162

112 112 – 112 – 112 – 163

113 113 – 113 – 113 – 164

114 114 – 114 – 114 – 165

115 115 – 115 – 115 – 166


116 116 – 116 – 116 – 167

117 117 – 117 – 117 – 168

118 118 – 118 – 118 – 169


119 119 – 119 – 119 – 170

120 120 – 120 – 120 – 171

121 121 – 121 – 121 – 172

122 122 – 122 – 122 – 173

123 123 – 123 – 123 – 174

124 124 – 124 – 124 – 175

125 125 – 125 – 125 – 176

126 126 – 126 – 126 – 177


758





127 127 – 127 – 127 – 178

128 128 – 128 – 128 – 179

129 129 – 129 – 129 – 180

130 130 – 130 – 130 – 181

131 131 – 131 – 131 – 182

132 132 – 132 – 132 – 183

133 133 – 133 – 133 – 184

134 134 – 134 – 134 – 185

135 135 – 135 – 135 – 186

136 136 – 136 – 136 – 187

137 137 – 137 – 137 – 188

– – – – – – pt 2A hdg exp

– – – – – – div 1 hdg exp

– – – – – – 137A exp

– – – – – – 137B exp

– – – – – – 137C exp

– – – – – – 137D exp

– – – – – – 137E exp

– – – – – – div 2 hdg exp

– – – – – – 137F exp

– – – – – – 137G exp

– – – – – – 137H exp

– – – – – – 137I exp

– – – – – – 137J exp

– – – – – – 137K exp

– – – – – – 137L exp

– – – – – – div 3 hdg exp

– – – – – – 137M exp

– – – – – – 137N exp

– – – – – – 137O exp

759





– – – – – – 137P exp

– – – – – – div 4 hdg exp

– – – – – – sdiv 1 hdg exp

– – – – – – 137Q exp

– – – – – – sdiv 2 hdg exp

– – – – – – 137R exp

– – – – – – 137S exp

– – – – – – 137T exp

– – – – – – 137U exp

– – – – – – 137V exp

– – – – – – 137W exp

– – – – – – 137X exp

– – – – – – 137Y exp

– – – – – – 137Z exp

– – – – – – 137ZA exp

– – – – – – 137ZB exp

– – – – – – 137ZC exp

– – – – – – 137ZD exp

– – – – – – 137ZE exp

– – – – – – 137ZF exp

– – – – – – 137ZG exp

– – – – – – 137ZH exp

– – – – – – 137ZI exp

– – – – – – 137ZJ exp

– – – – – – 137ZK exp

– – – – – – 137ZL exp

– – – – – – 137ZM exp

– – – – – – sdiv 3 hdg exp

– – – – – – 137ZN exp

– – – – – – 137ZO exp

760





– – – – – – 137ZP exp

– – – – – – 137ZQ exp

– – – – – – 137ZR exp

– – – – – – 137ZS exp

– – – – – – 137ZT exp

– – – – – – div 5 hdg exp

– – – – – – 137ZU exp

– – – – – – 137ZV exp

– – – – – – 137ZW exp

– – – – – – 137ZX exp

– – – – – – 137ZY exp

– – – – – – 137ZZ exp

– – – – – – div 6 hdg exp

– – – – – – 137ZZA exp

– – – – – – 137ZZB exp

– – – – – – div 7 hdg exp

– – – – – – 137ZZC exp

– – – – – – 137ZZD exp

– – – – – – 137ZZE exp

– – – – – – div 8 hdg exp

– – – – – – 137ZZF exp

– – – – – – 137ZZG exp

– – – – – – 137ZZH exp

– – – – – – 137ZZI exp



138 138 – 138 – 138 – 189

139 139 – 139 – 139 – 190


140 140 – 140 – 140 – 191

761





141 141 – 141 – 141 – 192

142 142 – 142 – 142 – 193

143 143 – 143 – 143 – 194


144 144 – 144 – 144 – 195


145 145 – 145 – 145 – 196

146 146 – 146 – 146 – 197

147 147 – 147 – 147 – 198

148 148 – 148 – 148 – 199

149 149 – 149 – 149 – 200



150 150 – 150 – 150 – 201

151 151 – 151 – 151 – 202


152 152 – 152 – 152 – 203

153 153 – 153 – 153 – 204

154 154 – 154 – 154 – 205

155 155 – 155 – 155 – 206

156 156 – 156 – 156 – 207

157 157 – 157 – 157 – 208

158 158 – 158 – 158 – 209

159 159 – 159 – 159 – 210

160 160 – 160 – 160 – 211


161 161 – 161 – 161 – 212

162 162 – 162 – 162 – 213

163 163 – 163 – 163 – 214

164 164 – 164 – 164 – 215

762





165 165 – 165 – 165 – 216


166 166 – 166 – 166 – 217

167 167 – 167 – 167 – 218




168 168 – 168 – 168 – 219


169 169 – 169 – 169 – 220

– – – – – – 169(1A) 220(2)

169(2) 169(2) – 169(2) – 169(2) – 220(3)

170 170 – 170 – 170 – 221

171 171 – 171 – 171 – 222

172 172 – 172 – 172 – 223

173 173 – 173 – 173 – 224

– – – – – – 173A 225

174 174 – 174 – 174 – 226


175 175 – 175 – 175 – 227

176 176 – 176 – 176 – 228



177 177 – 177 – 177 – 229

178 178 – 178 – 178 – 230

179 179 – 179 – 179 – 231


180 180 – 180 – 180 – 232

181 181 – 181 – 181 – 233

182 182 – 182 – 182 – 234

763





183 183 – 183 – 183 – 235

184 184 – 184 – 184 – 236



185 185 – 185 – 185 – 237

186 186 – 186 – 186 – 238

187 187 – 187 – 187 – 239

187(2) 187(2) – 187(2) – 187(2) om –

187(3) 187(3) – 187(3) – 187(3) om –

187(4) 187(4) – 187(4) – 187(4) – 239(2)

188 188 – 188 – 188 – 240


189 189 – 189 – 189 – 241

190 190 – 190 – 190 – 242

191 191 – 191 – 191 – 243

192 192 – 192 – 192 – 244

193 193 – 193 – 193 – 245

194 194 – 194 – 194 – 246

195 195 – 195 – 195 – 247

196 196 – 196 – 196 – 248

197 197 – 197 – 197 – 249

198 198 – 198 – 198 – 250


199 199 – 199 – 199 – 251

200 200 – 200 – 200 – 252

201 201 – 201 – 201 – 253

202 202 – 202 – 202 – 254

– – – – – – 202(3A) 254(4)

– – – – – – 202(3B) 254(5)

202(4) 202(4) – 202(4) – 202(4) – 254(6)

764





202(5) 202(5) – 202(5) – 202(5) – 254(7)

– – – – – – 202(5A) 254(8)

– – – – – – 202(5B) 254(9)

202(6) 202(6) – 202(6) – 202(6) – 254(10)

202(7) 202(7) – 202(7) – 202(7) – 254(11)

202(8) 202(8) – 202(8) – 202(8) – 254(12)

203 203 – 203 – 203 – 255

204 204 – 204 – 204 – 256


205 205 – 205 – 205 – 257

206 206 – 206 – 206 – 258

207 207 – 207 – 207 – 259

208 208 – 208 – 208 – 260

209 209 – 209 – 209 – 261

210 210 – 210 – 210 – 262

211 211 – 211 – 211 – 263

212 212 – 212 – 212 – 264

213 213 – 213 – 213 – 265



214 214 – 214 – 214 – 266

215 215 – 215 – 215 – 267

216 216 – 216 – 216 – 268

217 217 – 217 – 217 – 269

218 218 – 218 – 218 om –

219 219 – 219 – 219 – 270

– – – – – – 219A 271


220 220 – 220 – 220 – 272

221 221 – 221 – 221 – 273

765





222 222 – 222 – 222 – 274


223 223 – 223 – 223 – 275

224 224 – 224 – 224 – 276

225 225 – 225 – 225 – 277

226 226 – 226 – 226 – 278

227 227 – 227 – 227 – 279

228 228 – 228 – 228 – 280

229 229 – 229 – 229 – 281


230 230 – 230 – 230 – 282

231 231 – 231 – 231 – 283


– – – – – – 231A 284

232 232 – 232 – 232 – 285

233 233 – 233 – 233 – 286

234 234 – 234 – 234 – 287

– – – – – – 234(2A) 287(3)

234(2) 234(2) – 234(2) – 234(2) – 287(4)

235 235 – 235 – 235 – 288



236 236 – 236 – 236 – 289

237 237 – 237 – 237 om –


238 238 – 238 – 238 – 290

– – – – – – 238A 291

239 239 – 239 – 239 – 292

240 240 – 240 – 240 – 293

241 241 – 241 – 241 – 294

766





242 242 – 242 – 242 – 295

– – – – – – 242A 296

243 243 – 243 – 243 – 297


244 244 – 244 – 244 – 298

245 245 – 245 – 245 – 299

246 246 – 246 – 246 – 300

247 247 – 247 – 247 om –


248 248 – 248 – 248 – 301

249 249 – 249 – 249 – 302

250 250 – 250 – 250 – 303

251 251 – 251 – 251 – 304

– – – – – – 251A 305

252 252 – 252 – 252 – 306

– – – – – – 252(1A) 306(2)

252(2) 252(2) – 252(2) – 252(2) – 306(3)

252(3) 252(3) – 252(3) – 252(3) – 306(4)

252(4) 252(4) – 252(4) – 252(4) – 306(5)

253 253 – 253 – 253 – 307

254 254 – 254 – 254 – 308

255 255 – 255 – 255 – 309

256 256 – 256 – 256 – 310

257 257 – 257 – 257 – 311

258 258 – 258 – 258 – 312

259 259 – 259 – 259 – 313

260 260 – 260 – 260 – 314

– – – – – – 260(1A) 314(2)

260(2) 260(2) – 260(2) – 260(2) – 314(3)

261 261 – 261 – 261 – 315

767





262 262 – 262 – 262 – 316


263 263 – 263 – 263 – 317

264 264 – 264 – 264 – 318


265 265 – 265 – 265 – 319

266 266 – 266 – 266 – 320

267 267 – 267 – 267 – 321

268 268 – 268 – 268 – 322

269 269 – 269 – 269 – 323


270 270 – 270 – 270 – 324

271 271 – 271 – 271 – 325

272 272 – 272 – 272 – 326

273 273 – 273 – 273 – 327

274 274 – 274 – 274 – 328

275 275 – 275 – 275 – 329


276 276 – 276 – 276 – 330

277 277 – 277 – 277 – 331

278 278 – 278 – 278 – 332

279 279 – 279 – 279 – 333


280 280 – 280 – 280 – 334

281 281 – 281 – 281 – 335

282 282 – 282 – 282 – 336

283 283 – 283 – 283 – 337

284 284 – 284 – 284 – 338

285 285 – 285 – 285 – 339

286 286 – 286 – 286 – 340

768





287 287 – 287 – 287 – 341

288 288 – 288 – 288 – 342


289 289 – 289 – 289 – 343

290 290 – 290 – 290 – 344

291 291 – 291 – 291 – 345

292 292 – 292 – 292 – 346

293 293 – 293 – 293 – 347

294 294 – 294 – 294 – 348

295 295 – 295 – 295 – 349

296 296 – 296 – 296 – 350

297 297 – 297 – 297 – 351

298 298 – 298 – 298 – 352

– – – – – – 298A 353


299 299 – 299 – 299 – 354

300 300 – 300 – 300 – 355


301 301 – 301 – 301 – 356


302 302 – 302 – 302 – 357

303 303 – 303 – 303 – 358

304 304 – 304 – 304 – 359

305 305 – 305 – 305 – 360

306 306 – 306 – 306 – 361


307 307 – 307 – 307 – 362

308 308 – 308 – 308 – 363

309 309 – 309 – 309 – 364

310 310 – 310 – 310 – 365

769





311 311 – 311 – 311 – 366

– – – – – – 311(4)(aa) 366(4)(b)

311(4)(b) 311(4)(b) – 311(4)(b) – 311(4)(b) – 366(4)(c)

311(4)(c) 311(4)(c) – 311(4)(c) – 311(4)(c) – 366(4)(d)

312 312 – 312 – 312 – 367

313 313 – 313 – 313 – 368

314 314 – 314 – 314 – 369

315 315 – 315 – 315 – 370


316 316 – 316 – 316 – 371

317 317 – 317 – 317 – 372

– – – – – – 317A 373

318 318 – 318 – 318 – 374

319 319 – 319 – 319 – 375

– – – – – – 319A 376

320 320 – 320 – 320 – 377

321 321 – 321 – 321 – 378

322 322 – 322 – 322 – 379

323 323 – 323 – 323 – 380

– – – – – – 323A 381

324 324 – 324 – 324 – 382



325 325 – 325 – 325 – 383

326 326 – 326 – 326 – 384

327 327 – 327 – 327 – 385

328 328 – 328 – 328 – 386

329 329 – 329 – 329 – 387

330 330 – 330 – 330 – 388

331 331 – 331 – 331 – 389

770





332 332 – 332 – 332 – 390

333 333 – 333 – 333 – 391


334 334 – 334 – 334 – 392

335 335 – 335 – 335 – 393

336 336 – 336 – 336 – 394

sdiv C hdg sdiv C hdg – sdiv 3 hdg – sdiv 3 hdg – sdiv 3 hdg

337 337 – 337 – 337 – 395

338 338 – 338 – 338 – 396

339 339 – 339 – 339 – 397

340 340 – 340 – 340 – 398

341 341 – 341 – 341 – 399

342 342 – 342 – 342 – 400

343 343 – 343 – 343 – 401

344 344 – 344 – 344 – 402

345 345 – 345 – 345 – 403

346 346 – 346 – 346 – 404

347 347 – 347 – 347 – 405

348 348 – 348 – 348 – 406

sdiv D hdg sdiv D hdg – sdiv 4 hdg – sdiv 4 hdg – sdiv 4 hdg

349 349 – 349 – 349 – 407

– – – – – – 349(1A) 407(2)

349(2) 349(2) – 349(2) – 349(2) – 407(3)

349(3) 349(3) – 349(3) – 349(3) – 407(4)

349(4) 349(4) – 349(4) – 349(4) – 407(5)

349(5) 349(5) – 349(5) – 349(5) – 407(6)

349(6) 349(6) – 349(6) – 349(6) – 407(7)

349(7) 349(7) – 349(7) – 349(7) – 407(8)

349(8) 349(8) – 349(8) – 349(8) – 407(9)

349(9) 349(9) – 349(9) – 349(9) – 407(10)

771






350 350 – 350 – 350 – 408

– – – – – – 350(2A) 408(3)

350(3) 350(3) – 350(3) – 350(3) – 408(4)

351 351 – 351 – 351 – 409

352 352 – 352 – 352 – 410

353 353 – 353 – 353 – 411

354 354 – 354 – 354 – 412

355 355 – 355 – 355 – 413

– – – – – – pt 8 hdg pt 8 hdg

– – – – – – div 1 hdg div 1 hdg

– – – – – – 355A 414

– – – – – – 355B 415

– – – – – – 355C 416

– – – – – – 355D 417

– – – – – – div 2 hdg div 2 hdg


– – – – – – 355E 418

– – – – – – 355F 419

– – – – – – 355G 420

– – – – – – 355H 421

– – – – – – 355I 422


– – – – – – 355J 423

– – – – – – 355K 424


– – – – – – 355L 425

– – – – – – div 3 hdg div 3 hdg


– – – – – – 355M 426

772





– – – – – – 355N 427

– – – – – – 355O 428

– – – – – – 355P 429


– – – – – – 355Q 430

– – – – – – 355R 431


– – – – – – 355S 432

– – – – – – div 4 hdg div 4 hdg

– – – – – – 355T 433

– – – – – – 355U 434

– – – – – – 355V 435

– – – – – – div 5 hdg div 5 hdg

– – – – – – 355W 436

– – – – – – 355X 437

– – – – – – 355Y 438

– – – – – – 355Z 439

– – – – – – 355ZA 440

– – – – – – div 6 hdg div 6 hdg

– – – – – – 355ZB 441




356 356 – 356 – 356 – 442

357 357 – 357 – 357 – 443

358 358 – 358 – 358 – 444


359 359 – 359 – 359 – 445

360 360 – 360 – 360 – 446

361 361 – 361 – 361 – 447

773





362 362 – 362 – 362 – 448

363 363 – 363 – 363 – 449

364 364 – 364 – 364 – 450

365 365 – 365 – 365 – 451


366 366 – 366 – 366 – 452

367 367 – 367 – 367 – 453

368 368 – 368 – 368 – 454

369 369 – 369 – 369 – 455

370 370 – 370 – 370 – 456

371 371 – 371 – 371 – 457

372 372 – 372 – 372 – 458

373 373 – 373 – 373 – 459


374 374 – 374 – 374 – 460

375 375 – 375 – 375 – 461

376 376 – 376 – 376 – 462

377 377 – 377 – 377 – 463

378 378 – 378 – 378 – 464

379 379 – 379 – 379 – 465


380 380 – 380 – 380 – 466

381 381 – 381 – 381 – 467

382 382 – 382 – 382 – 468

383 383 – 383 – 383 – 469

384 384 – 384 – 384 – 470


385 385 – 385 – 385 – 471

386 386 – 386 – 386 – 472

– – – – – – 386(4A) 472(5)

774





386(5) 386(5) – 386(5) – 386(5) – 472(6)

386(6) 386(6) – 386(6) – 386(6) – 472(7)

– – – – – – 386(7) 472(8)

– – – – – – 386(8) 472(9)

387 387 – 387 – 387 – 473


388 388 – 388 – 388 – 474

389 389 – 389 – 389 – 475

390 390 – 390 – 390 – 476

391 391 – 391 – 391 – 477

392 392 – 392 – 392 – 478

393 393 – 393 – 393 – 479

394 394 – 394 – 394 – 480



395 395 – 395 – 395 – 481

396 396 – 396 – 396 – 482

397 397 – 397 – 397 – 483


398 398 – 398 – 398 – 484

399 399 – 399 – 399 – 485

400 400 – 400 – 400 – 486

401 401 – 401 – 401 – 487

402 402 – 402 – 402 – 488

403 403 – 403 – 403 – 489

404 404 – 404 – 404 – 490


405 405 – 405 – 405 – 491

406 406 – 406 – 406 – 492

– – – – 406(1A) 406(1A) – 492(2)

775





406(2) 406(2) – 406(2) – 406(2) – 492(3)

406(3) 406(3) – 406(3) – 406(3) – 492(4)



407 407 – 407 – 407 – 493

408 408 – 408 – 408 – 494

409 409 – 409 – 409 – 495


410 410 – 410 – 410 – 496

411 411 – 411 – 411 – 497


412 412 – 412 – 412 – 498

413 413 – 413 – 413 – 499

414 414 – 414 – 414 – 500

415 415 – 415 – 415 – 501



416 416 – 416 – 416 – 502

417 417 – 417 – 417 – 503


418 418 – 418 – 418 – 504

419 419 – 419 – 419 – 505

420 420 – 420 – 420 – 506

421 421 – 421 – 421 – 507

422 422 – 422 – 422 – 508

423 423 – 423 – 423 – 509

424 424 – 424 – 424 – 510

425 425 – 425 – 425 – 511

426 426 – 426 – 426 – 512

427 427 – 427 – 427 – 513

776






428 428 – 428 – 428 – 514

429 429 – 429 – 429 – 515

430 430 – 430 – 430 – 516

431 431 – 431 – 431 – 517


432 432 – 432 – 432 – 518

433 433 – 433 – 433 – 519

434 434 – 434 – 434 – 520

435 435 – 435 – 435 – 521

436 436 – 436 – 436 – 522

437 437 – 437 – 437 – 523

438 438 – 438 – 438 – 524


439 439 – 439 – 439 – 525

440 440 – 440 – 440 om –

441 441 – 441 – 441 om –

442 442 – 442 – 442 – 526


443 443 – 443 – 443 – 527

444 444 – 444 – 444 – 528

445 445 – 445 – 445 – 529


446 446 – 446 – 446 – 530


447 447 – 447 – 447 – 531

448 448 – 448 – 448 – 532

449 449 – 449 – 449 – 533

450 450 – 450 – 450 – 534

451 451 – 451 – 451 – 535

777






452 452 – 452 – 452 – 536

453 453 – 453 – 453 – 537


454 454 – 454 – 454 – 538

455 455 – 455 – 455 – 539

456 456 – 456 – 456 – 540

457 457 – 457 – 457 – 541

458 458 – 458 – 458 – 542

– – – – – – ch 7A hdg ch 8 hdg

– – – – – – pt 1 hdg pt 1 hdg

– – – – – – 458A 543

– – – – – – 458AA 544(prev 458B)

– – – – – – pt 2 hdg pt 2 hdg

– – – – – – 458AB 545(prev 458C)

– – – – – – pt 2A hdg pt 3 hdg

– – – – – – 458AC 546

– – – – – – 458AD 547

– – – – – – 458AE 548

– – – – – – pt 3 hdg pt 4 hdg

– – – – – – div 1 hdg div 1 hdg

– – – – – – 458B 549(prev 458D)

– – – – – – 458BA 550(prev 458E)

– – – – – – 458BB 551(prev 458F)

– – – – – – 458BC 552(prev 458G)

– – – – – – 458BD 553(prev 458H)

778





– – – – – – div 2 hdg div 2 hdg

– – – – – – 458BE 554(prev 458I)

– – – – – – div 3 hdg div 3 hdg

– – – – – – 458BF 555(prev 458J)

– – – – – – 458BG 556

– – – – – – 458BH 557(prev 458K)

– – – – – – 458BI 558(prev 458L)

– – – – – – 458BJ 559 (prev 458M)

– – – – – – div 4 hdg div 4 hdg

– – – – – – 458BK 560

– – – – – – 458BL 561

– – – – – – 458BM 562

– – – – – – 458BN 563

– – – – – – 458BO 564

– – – – – – 458BP 565

– – – – – – 458BQ 566

– – – – – – pt 4 hdg pt 5 hdg

– – – – – – 458C 567

– – – – – – 458CA 568

– – – – – – 458CB 569

– – – – – – 458CC 570

– – – – – – pt 5 hdg pt 6 hdg

– – – – – – div 1 hdg div 1 hdg

– – – – – – 458CD 571

– – – – – – div 2 hdg div 2 hdg

– – – – – – 458CE 572

– – – – – – 458CF 573

779





– – – – – – 458CG 574

– – – – – – div 3 hdg div 3 hdg

– – – – – – 458CH 575

– – – – – – 458CI 576

– – – – – – 458CJ 577

– – – – – – div 4 hdg div 4 hdg

– – – – – – 458CK 578

– – – – – – div 5 hdg div 5 hdg

– – – – – – 458CL 579

– – – – – – 458CM 580

– – – – – – div 6 hdg div 6 hdg

– – – – – – 458CN 581

– – – – – – 458CO 582

– – – – – – 458CP 583

– – – – – – pt 6 hdg pt 7 hdg

– – – – – – div 1 hdg div 1 hdg


– – – – – – 458D 584


– – – – – – 458DA 585

– – – – – – 458DB 586

– – – – – – 458DC 587

– – – – – – 458DD 588


– – – – – – 458DE 589

– – – – – – 458DF 590

– – – – – – 458DG 591

– – – – – – 458DH 592

– – – – – – 458DI 593

– – – – – – 458DJ 594

780






– – – – – – 458DK 595


– – – – – – 458DL 596

– – – – – – 458DM 597

– – – – – – 458DN 598

– – – – – – 458DO 599

– – – – – – div 2 hdg div 2 hdg


– – – – – – 458E 600

– – – – – – 458EA 601


– – – – – – 458EB 602

– – – – – – 458EC 603


– – – – – – 458ED 604

– – – – – – 458EE 605

– – – – – – 458EF 606

– – – – – – 458EG 607


– – – – – – 458EH 608

– – – – – – 458EI 609


– – – – – – 458EJ 610

– – – – – – 458EK 611

– – – – – – 458EL 612

– – – – – – 458EM 613


– – – – – – 458EN 614


781





– – – – – – 458F 615

– – – – – – 458FA 616

– – – – – – 458FB 617


– – – – – – 458FC 618

– – – – – – 458FD 619

– – – – – – 458FE 620

– – – – – – 458FF 621


– – – – – – 458FG 622

– – – – – – 458FH 623


– – – – – – 458FI 624

– – – – – – 458FJ 625

– – – – – – 458FK 626

– – – – – – 458FL 627

– – – – – – 458FM 628


– – – – – – 458FN 629

– – – – – – div 3 hdg div 3 hdg


– – – – – – 458G 630

– – – – – – 458GA 631

– – – – – – 458GB 632

– – – – – – 458GC 633

– – – – – – 458GD 634


– – – – – – 458GE 635

– – – – – – 458GF 636


782





– – – – – – 458GG 637

– – – – – – 458GH 638

– – – – – – 458GI 639

– – – – – – 458GJ 640

– – – – – – 458GK 641

– – – – – – 458GL 642


– – – – – – 458GM 643


– – – – – – 458GN 644

– – – – – – 458GO 645

– – – – – – 458GP 646

– – – – – – 458GQ 647

– – – – – – 458GR 648

– – – – – – 458GS 649


– – – – – – 458GT 650

– – – – – – 458GU 651

– – – – – – 458GV 652

– – – – – – 458GW 653

– – – – – – 458GX 654


– – – – – – 458H 655

– – – – – – 458HA 656


– – – – – – 458HB 657

– – – – – – 458HC 658

– – – – – – 458HD 659

– – – – – – 458HE 660

– – – – – – 458HF 661

783





– – – – – – 458HG 662

– – – – – – 458HH 663

– – – – – – 458HI 664


– – – – – – 458HJ 665

– – – – – – 458HK 666

– – – – – – 458HL 667


– – – – – – 458HM 668

– – – – – – 458HN 669


– – – – – – 458HO 670

– – – – – – 458HP 671

– – – – – – 458HQ 672

– – – – – – 458HR 673

– – – – – – 458HS 674

– – – – – – 458HT 675

– – – – – – 458HU 676


– – – – – – 458I 677

– – – – – – 458IA 678


– – – – – – 458IB 679


– – – – – – 458IC 680


– – – – – – 458ID 681


– – – – – – 458IE 682

– – – – – – 458IF 683

784





– – – – – – 458IG 684

– – – – – – 458IH 685

– – – – – – 458II 686

– – – – – – 458IJ 687


– – – – – – 458IK 688

– – – – – – 458IL 689

– – – – – – 458IM 690

– – – – – – 458IN 691

– – – – – – 458IO 692

– – – – – – 458IP 693

– – – – – – 458IQ 694

– – – – – – 458IR 695

– – – – – – 458IS 696

– – – – – – 458IT 697

– – – – – – 458IU 698

– – – – – – 458IV 699


– – – – – – 458J 700

– – – – – – 458JA 701

– – – – – – 458JB 702

– – – – – – 458JC 703

– – – – – – 458JD 704

– – – – – – 458JE 705

– – – – – – 458JF 706


– – – – – – 458JG 707

– – – – – – 458JH 708


– – – – – – 458JI 709

785





– – – – – – 458JJ 710


– – – – – – 458JK 711

– – – – – – 458JL 712

– – – – – – 458JM 713


– – – – – – 458JN 714

– – – – – – 458JO 715

– – – – – – 458JP 716


– – – – – – 458JQ 717

– – – – – – 458JR 718

– – – – – – 458JS 719

– – – – – – 458JT 720

– – – – – – 458JU 721

– – – – – – 458JV 722


– – – – – – 458K 723

– – – – – – 458KA 724

– – – – – – 458KB 725

– – – – – – 458KC 726

– – – – – – 458KD 727

– – – – – – 458KE 728

– – – – – – div 4 hdg div 4 hdg

– – – – – – 458KF 729

– – – – – – 458KG 730

– – – – – – 458KH 731

– – – – – – 458KI 732

– – – – – – 458KJ 733

– – – – – – div 5 hdg div 5 hdg

786






– – – – – – 458L 734

– – – – – – 458LA 735


– – – – – – 458LB 736

– – – – – – 458LC 737

– – – – – – 458LD 738

– – – – – – 458LE 739(prev 459LE)

– – – – – – 458LF 740

– – – – – – 458LG 741

– – – – – – 458LH 742

– – – – – – 458LI 743


– – – – – – 458LJ 744

– – – – – – 458LK 745

– – – – – – 458LL 746

– – – – – – 458LM 747

– – – – – – 458LN 748

– – – – – – 458LO 749

– – – – – – 458LP 750

– – – – – – div 6 hdg div 6 hdg

– – – – – – 458LQ 751

– – – – – – 458LR 752

– – – – – – 458LS 753

– – – – – – 458LT 754

– – – – – – 458LU 755

– – – – – – 458LV 756

– – – – – – 458LW 757

– – – – – – ch 7B hdg ch 9 hdg

787





– – – – – – pt 1 hdg pt 1 hdg

– – – – – – 458M 758

– – – – – – 458MA 759

– – – – – – 458MB 760

– – – – – – pt 2 hdg pt 2 hdg

– – – – – – 458MC 761

– – – – – – 458MD 762

– – – – – – pt 3 hdg pt 3 hdg

– – – – – – 458ME 763

– – – – – – 458MF 764

– – – – – – pt 4 hdg pt 4 hdg

– – – – – – 458MG 765

– – – – – – 458MH 766

– – – – – – 458MI 767

– – – – – – 458MJ 768

– – – – – – ch 7C hdg ch 10 hdg

– – – – – – pt 1 hdg pt 1 hdg

– – – – – – 458N 769

– – – – – – 458NA 770

– – – – – – 458NB 771

– – – – – – pt 2 hdg pt 2 hdg

– – – – – – 458NC 772

– – – – – – pt 3 hdg pt 3 hdg

– – – – – – 458ND 773

– – – – – – 458NE 774

– – – – – – 458NF 775

– – – – – – 458NG 776

– – – – – – 458NH 777

– – – – – – pt 4 hdg pt 4 hdg

– – – – – – 458NI 778

788





– – – – – – 458NJ 779

– – – – – – 458NK 780

– – – – – – 458NL 781

– – – – – – 458NM 782

– – – – – – pt 5 hdg pt 5 hdg

– – – – – – 458NN 783

– – – – – – 458NO 784

– – – – – – 458NP 785

– – – – – – 458NQ 786

– – – – – – ch 7D hdg ch 11 hdg

– – – – – – pt 1 hdg pt 1 hdg

– – – – – – 458O 787

– – – – – – 458OA 788

– – – – – – 458OB 789

– – – – – – 458OC 790

– – – – – – pt 2 hdg pt 2 hdg

– – – – – – div 1 hdg div 1 hdg

– – – – – – 458OD 791

– – – – – – 458OE 792

– – – – – – div 2 hdg div 2 hdg

– – – – – – 458OF 793

– – – – – – 458OG 794

– – – – – – 458OH 795

– – – – – – 458OI 796

– – – – – – 458OJ 797

– – – – – – 458OK 798

– – – – – – div 3 hdg div 3 hdg

– – – – – – 458OL 799

– – – – – – 458OM 800

– – – – – – 458ON 801

789





– – – – – – 458OO 802

– – – – – – 458OP 803

– – – – – – 458OQ 804

– – – – – – 458OR 805

– – – – – – div 4 hdg div 4 hdg

– – – – – – 458OS 806

– – – – – – 458OT 807

– – – – – – 458OU 808

– – – – – – 458OV 809

– – – – – – div 5 hdg div 5 hdg

– – – – – – 458OW 810

– – – – – – 458OX 811

– – – – – – 458OY 812

– – – – – – 458OZ 813

– – – – – – 458OZA 814

– – – – – – div 6 hdg div 6 hdg

– – – – – – 458OZB 815

– – – – – – 458OZC 816

– – – – – – 458OZD 817

– – – – – – 458OZE 818

– – – – – – 458OZF 819

– – – – – – 458OZG 820

– – – – – – pt 3 hdg pt 3 hdg

– – – – – – div 1 hdg div 1 hdg

– – – – – – 458P 821

– – – – – – div 2 hdg div 2 hdg

– – – – – – 458PA 822

– – – – – – 458PB 823

– – – – – – 458PC 824

– – – – – – 458PD 825

790





– – – – – – 458PE 826

– – – – – – 458PF 827

– – – – – – div 3 hdg div 3 hdg

– – – – – – 459PG 828

– – – – – – 458PH 829

– – – – – – 458PI 830

– – – – – – 458PJ 831

– – – – – – pt 4 hdg pt 4 hdg

– – – – – – 459Q 832

– – – – – – 458QA 833

– – – – – – 458QB 834

– – – – – – 458QC 835

– – – – – – 458QD 836

– – – – – – 458QE 837

– – – – – – 458QF 838

– – – – – – 458QG 839

– – – – – – 458QH 840

– – – – – – 458QI 841

– – – – – – 458QJ 842

– – – – – – 458QK 843

– – – – – – 458QL 844

– – – – – – 458QM 845

– – – – – – pt 5 hdg pt 5 hdg

– – – – – – 458R 846

– – – – – – 458RA 847




459 459 – 459 – 459 – 848

460 460 – 460 – 460 – 849

791






461 461 – 461 – 461 – 850

462 462 – 462 – 462 – 851

463 463 – 463 – 463 – 852

464 464 – 464 – 464 – 853

– – – – – – 464AA 854



– – – – – – 464A 855

465 465 – 465 – 465 – 856

466 466 – 466 – 466 – 857

467 467 – 467 – 467 – 858


468 468 – 468 – 468 – 859

469 469 – 469 – 469 – 860

470 470 – 470 – 470 – 861

471 471 – 471 – 471 – 862

472 472 – 472 – 472 – 863


– – – – – – 472A 864

473 473 – 473 – 473 – 865

474 474 – 474 – 474 – 866

475 475 – 475 – 475 – 867

476 476 – 476 – 476 – 868

477 477 – 477 – 477 – 869

478 478 – 478 – 478 – 870

479 479 – 479 – 479 – 871

480 480 – 480 – 480 – 872

481 481 – 481 – 481 – 873

482 482 – 482 – 482 – 874

792






– – – – – – 482A 875

483 483 – 483 – 483 – 876

484 484 – 484 – 484 – 877

485 485 – 485 – 485 – 878

486 486 – 486 – 486 – 879

487 487 – 487 – 487 – 880

488 488 – 488 – 488 – 881

489 489 – 489 – 489 – 882

– – 489A 489A – 489A – 883

– – – – – – div 5 hdg div 5 hdg

– – – – – – 489B 884

– – – – – – 489C 885

– – – – – – 489D 886

– – – – – – 489E 887

– – – – – – 489F 888

– – – – – – 489G 889

– – – – – – 489H 890

– – – – – – 489I 891

– – – – – – 489J 892

– – – – – – 489K 893


490 490 – 490 – 490 – 894

491 491 – 491 – 491 – 895


492 492 – 492 – 492 – 896

493 493 – 493 – 493 – 897

494 494 – 494 – 494 – 898

495 495 – 495 – 495 – 899


793






496 496 – 496 – 496 – 900



497 497 – 497 – 497 – 901


498 498 – 498 – 498 – 902

499 499 – 499 – 499 – 903

500 500 – 500 – 500 – 904

501 501 – 501 – 501 – 905

502 502 – 502 – 502 – 906

503 503 – 503 – 503 – 907

504 504 – 504 – 504 – 908

505 505 – 505 – 505 – 909

506 506 – 506 – 506 – 910

507 507 – 507 – 507 – 911

508 508 – 508 – 508 – 912

509 509 – 509 – 509 – 913


510 510 – 510 – 510 – 914

511 511 – 511 – 511 – 915


512 512 – 512 – 512 – 916

513 513 – 513 – 513 – 917

514 514 – 514 – 514 – 918

515 515 – 515 – 515 – 919

516 516 – 516 – 516 – 920

517 517 – 517 – 517 – 921


518 518 – 518 – 518 – 922

794





519 519 – 519 – 519 – 923

520 520 – 520 – 520 – 924

521 521 – 521 – 521 – 925

522 522 – 522 – 522 – 926

523 523 – 523 – 523 – 927

524 524 – 524 – 524 – 928

525 525 – 525 – 525 – 929


526 526 – 526 – 526 – 930

527 527 – 527 – 527 – 931

528 528 – 528 – 528 – 932

529 529 – 529 – 529 – 933

530 530 – 530 – 530 – 934

531 531 – 531 – 531 – 935

532 532 – 532 – 532 – 936



533 533 – 533 – 533 – 937


534 534 – 534 – 534 – 938

535 535 – 535 – 535 – 939

536 536 – 536 – 536 – 940

537 537 – 537 – 537 – 941


538 538 – 538 – 538 – 942

539 539 – 539 – 539 – 943

540 540 – 540 – 540 – 944

541 541 – 541 – 541 – 945

542 542 – 542 – 542 – 946

543 543 – 543 – 543 – 947

795





544 544 – 544 – 544 – 948

545 545 – 545 – 545 – 949

546 546 – 546 – 546 – 950

547 547 – 547 – 547 – 951

548 548 – 548 – 548 – 952

549 549 – 549 – 549 – 953

550 550 – 550 – 550 – 954


551 551 – 511 – 551 – 955


552 552 – 552 – 552 – 956




553 553 – 553 – 553 – 957


554 554 – 554 – 554 – 958

555 555 – 555 – 555 – 959

556 556 – 556 – 556 – 960

557 557 – 557 – 557 – 961

558 558 – 558 – 558 – 962


559 559 – 559 – 559 – 963

560 560 – 560 – 560 – 964

561 561 – 561 – 561 – 965

562 562 – 562 – 562 – 966

563 563 – 563 – 563 – 967

564 564 – 564 – 564 – 968

565 565 – 565 – 565 – 969

566 566 – 566 – 566 – 970

796





567 567 – 567 – 567 – 971

568 568 – 568 – 568 – 972

569 569 – 569 – 569 – 973

570 570 – 570 – 570 – 974

571 571 – 571 – 571 – 975



572 572 – 572 – 572 – 976

573 573 – 573 – 573 – 977

574 574 – 574 – 574 – 978

575 575 – 575 – 575 – 979


576 576 – 576 – 576 – 980

577 577 – 577 – 577 – 981

578 578 – 578 – 578 – 982


579 579 – 579 – 579 – 983


580 580 – 580 – 580 – 984

581 581 – 581 – 581 – 985

582 582 – 582 – 582 – 986

583 583 – 583 – 583 – 987

584 584 – 584 – 584 – 988

585 585 – 585 – 585 – 989

586 586 – 586 – 586 – 990

587 587 – 587 – 587 – 991


588 588 – 588 – 588 – 992

589 589 – 589 – 589 – 993


797






590 590 – 590 – 590 – 994

591 591 – 591 – 591 – 995

592 592 – 592 – 592 – 996

593 593 – 593 – 593 – 997

594 594 – 594 – 594 – 998


595 595 – 595 – 595 – 999

596 596 – 596 – 596 – 1000

597 597 – 597 – 597 – 1001

598 598 – 598 – 598 – 1002

599 599 – 599 – 599 – 1003


600 600 – 600 – 600 – 1004

601 601 – 601 – 601 – 1005

602 602 – 602 – 602 – 1006

603 603 – 603 – 603 – 1007



604 604 – 604 – 604 – 1008

605 605 – 605 – 605 – 1009


606 606 – 606 – 606 – 1010

607 607 – 607 – 607 – 1011

608 608 – 608 – 608 – 1012

609 609 – 609 – 609 – 1013

610 610 – 610 – 610 – 1014

611 611 – 611 – 611 – 1015

– – – – – – 611(3A) 1015(4)


798





612 612 – 612 – 612 – 1016

613 613 – 613 – 613 – 1017

614 614 – 614 – 614 – 1018


615 615 – 615 – 615 – 1019

616 616 – 616 – 616 – 1020

617 617 – 617 – 617 – 1021

618 618 – 618 – 618 – 1022

619 619 – 619 – 619 – 1023



620 620 – 620 – 620 – 1024

621 621 – 621 – 621 – 1025

622 622 – 622 – 622 – 1026


623 623 – 623 – 623 – 1027

624 624 – 624 – 624 – 1028

625 625 – 625 – 625 – 1029

626 626 – 626 – 626 – 1030


627 627 – 627 – 627 – 1031

– – – – – – 627(3A) 1031(4)

627(4) 627(4) – 627(4) – 627(4) – 1031(5)

628 628 – 628 – 628 – 1032

– – – – – – 628(4A) 1032(5)

628(5) 628(5) – 628(5) – 628(5) – 1032(6)

629 629 – 629 – 629 – 1033

630 630 – 630 – 630 – 1034

631 631 – 631 – 631 – 1035

632 632 – 632 – 632 – 1036

799







633 633 – 633 – 633 – 1037


634 634 – 634 – 634 – 1038


635 635 – 635 – 635 – 1039

636 636 – 636 – 636 – 1040

637 637 – 637 – 637 – 1041

638 638 – 638 – 638 – 1042

639 639 – 639 – 639 – 1043

640 640 – 640 – 640 – 1044

641 641 – 641 – 641 – 1045

642 642 – 642 – 642 – 1046

643 643 – 643 – 643 – 1047

644 644 – 644 – 644 – 1048

645 645 – 645 – 645 – 1049

646 646 – 646 – 646 – 1050


647 647 – 647 – 647 – 1051

648 648 – 648 – 648 – 1052

649 649 – 649 – 649 – 1053


650 650 – 650 – 650 – 1054

651 651 – 651 – 651 – 1055

652 652 – 652 – 652 – 1056

653 653 – 653 – 653 – 1057

654 654 – 654 – 654 – 1058



800





655 655 – 655 – 655 – 1059

– – pt 2 hdg pt 2 hdg – pt 2 hdg – pt 2 hdg

– – 655A 655A – 655A – 1060

pt 2 hdg pt 2 hdg renum as pt 3 hdg – pt 3 hdg – pt 3 hdgpt 3 hdg

656 656 – 656 – 656 – 1061



657 657 – 657 – 657 – 1062

658 658 – 658 – 658 – 1063

659 659 – 659 – 659 – 1064

660 660 – 660 – 660 – 1065

661 661 – 661 – 661 – 1066

662 662 – 662 – 662 – 1067

663 663 – 663 – 663 – 1068

664 664 – 664 – 664 – 1069


665 665 – 665 – 665 – 1070

666 666 – 666 – 666 – 1071


667 667 – 667 – 667 – 1072

668 668 – 668 – 668 – 1073

669 669 – 669 – 669 – 1074

670 670 – 670 – 670 – 1075

671 671 – 671 – 671 – 1076

672 672 – 672 – 672 – 1077

– – – – – – 672A 1078

– – – – – – 672B 1079

– – – – – – 672C 1080

673 673 – 673 – 673 – 1081

801





pt 4 hdg pt 4 hdg om – – – – –

– – pt 5 hdg pt 5 hdg – pt 5 hdg – pt 5 hdg

– – div 1 hdg div 1 hdg – div 1 hdg – div 1 hdg

674 674 – 674 – 674 – 1082

675 675 – 675 – 675 – 1083


676 676 – 676 – 676 – 1084

677 677 – 677 – 677 – 1085

678 678 – 678 – 678 – 1086

679 679 – 679 – 679 – 1087

680 680 – 680 – 680 – 1088

– – 680A 681 – 681 – 1089


– – 680B 682 – 682 – 1090


– – 680C 683 – 683 – 1091

– – 680D 684 – 684 – 1092

– – 680E 685 – 685 – 1093


– – 680F 686 – 686 – 1094

– – 680G 687 – 687 – 1095


– – 680H 688 – 688 – 1096

– – 680I 689 – 689 – 1097


– – 680J 690 – 690 – 1098

– – 680K 691 – 691 – 1099

– – 680L 692 – 692 – 1100

– – 680M 693 – 693 – 1101


802





– – 680N 694 – 694 – 1102


– – 680O 695 – 695 – 1103

– – 680P 696 – 696 – 1104


– – 680Q 697 – 697 – 1105


681 681 – 698 – 698 – 1106

682 682 – 699 – 699 – 1107

683 683 – 700 – 700 – 1108

684 684 – 701 – 701 – 1109

685 685 – 702 – 702 – 1110

686 686 – 703 – 703 – 1111

687 687 – 704 – 704 – 1112


688 688 – 705 – 705 – 1113

689 689 – 706 – 706 – 1114

690 690 – 707 – 707 – 1115

691 691 – 708 – 708 – 1116

692 692 – 709 – 709 – 1117

693 693 – 710 – 710 – 1118

694 694 – 711 – 711 – 1119

695 695 – 712 – 712 – 1120

– – – – – – 712A 1121


696 696 – 713 – 713 – 1122

697 697 – 714 – 714 – 1123

698 698 – 715 – 715 – 1124

803





699 699 – 716 – 716 – 1125

700 700 – 717 – 717 – 1126



701 701 – 718 – 718 – 1127

702 702 – 719 – 719 – 1128


703 703 – 720 – 720 – 1129

704 704 – 721 – 721 – 1130


705 705 – 722 – 722 – 1131

706 706 – 723 – 723 – 1132

707 707 – 724 – 724 – 1133

708 708 – 725 – 725 – 1134

709 709 – 726 – 726 – 1135

710 710 – 727 – 727 – 1136

711 711 – 728 – 728 – 1137


712 712 – 729 – 729 – 1138

713 713 – 730 – 730 – 1139

714 714 – 731 – 731 – 1140

715 715 – 732 – 732 – 1141

716 716 – 733 – 733 – 1142

717 717 – 734 – 734 – 1143

718 718 – 735 – 735 – 1144


719 719 – 736 – 736 – 1145

720 720 – 737 – 737 – 1146

721 721 – 738 – 738 – 1147

722 722 – 739 – 739 – 1148

804





723 723 – 740 – 740 – 1149

724 724 – 741 – 741 – 1150


725 725 – 742 – 742 – 1151

726 726 – 743 – 743 – 1152

727 727 – 744 – 744 – 1153

728 728 – 745 – 745 – 1154

729 729 – 746 – 746 – 1155

730 730 – 747 – 747 – 1156

731 731 – 748 – 748 – 1157

732 732 – 749 – 749 – 1158

733 733 – 750 – 750 – 1159

734 734 – 751 – 751 – 1160

735 735 – 752 – 752 – 1161

736 736 – 753 – 753 – 1162

737 737 – 754 – 754 – 1163

738 738 – 755 – 755 – 1164

739 739 – 756 – 756 – 1165

740 740 – 757 – 757 – 1166

741 741 – 758 – 758 – 1167

742 742 – 759 – 759 – 1168

743 743 – 760 – 760 – 1169

– – – – ch 12A hdg ch 13 hdg – ch 17 hdg

– – – – pt 1 hdg pt 1 hdg – pt 1 hdg

– – – – 743A 761 – 1170

– – – – 743B 762 – 1171


– – – – div 1 hdg div 1 hdg – div 1 hdg

– – – – 743C 763 – 1172

– – – – 743D 764 – 1173

805





– – – – 743E 765 – 1174

– – – – 743F 766 – 1175


– – – – 743G 767 – 1176

– – – – 743H 768 – 1177

– – – – 743I 769 – 1178


– – – – 743J 770 – 1179



– – – – 743K 771 – 1180

– – – – 743L 772 – 1181


– – – – 743M 773 – 1182

– – – – 743N 774 – 1183

– – – – 743O 775 – 1184

– – – – 743P 776 – 1185

– – – – 743Q 777 – 1186


– – – – 743R 778 – 1187


– – – – 743S 779 – 1188


– – – – 743T 780 – 1189

– – – – 743U 781 – 1190

– – – – 743V 782 – 1191

– – – – 743W 783 – 1192

– – – – 743X 784 – 1193



806





744 744 – 761 – 785 – 1194

745 745 – 762 – 786 exp 1195new s 786 ins

746 746 – 763 – 787 – 1196

747 747 – 764 – 788 – 1197

748 748 – 765 – 789 – 1198

749 749 – 766 – 790 – 1199


750 750 – 767 – 791 – 1200

751 751 – 768 – 792 – 1201

– – – – – – 792A 1202

752 752 – 769 – 793 – 1203

– – – – – – 793A 1204

– – – – – – 793B 1205

– – – – – – 793C om

– pt 3 hdg – exp – – – –

– 752A – exp – – – –

– 752B – exp – – – –

– 752C – exp – – – –

– 752D – exp – – – –

– 752E – exp – – – –

– 752F – exp – – – –




753 753 – 770 – 794 – 1206

754 754 – 771 – 795 – 1207

755 755 – 772 – 796 – 1208

div 2 hdg div 2 hdg – exp – – –

756 756 – exp – – – –

807





757 757 – exp – – – –

758 758 – exp – – – –

759 759 – exp – – – –

760 760 – exp – – – –

761 761 – exp – – – –

div 3 hdg div 3 hdg – exp – – – –

sdiv A hdg sdiv A hdg – exp – – – –

762 762 – exp – – – –

763 763 – exp – – – –

764 764 – exp – – – –

765 765 – exp – – – –

766 766 – exp – – – –

sdiv B hdg sdiv B hdg – exp – – – –

767 767 – exp – – – –

sdiv C hdg sdiv C hdg – exp – – – –

768 768 – exp – – – –


769 769 – exp – – – –


770 770 – exp – – – –

771 771 – exp – – – –

772 772 – exp – – – –


773 773 – 773 – exp – –

774 774 – exp – – – –

775 775 – 774 – 797 – 1209

– – – – – – 797A 1210


776 776 – 775 – 798 – 1211

777 777 – 776 – 799 – 1212

808





778 778 – 777 – 800 – 1213

779 779 – 778 – 801 – 1214

780 780 – 779 – 802 – 1215

781 781 – 780 – 803 – 1216



– – – – – – 803A 1217

– – – – – – 803B 1218

– – – – – – 803C 1219


– – – – – – 803D 1220

– – – – – – 803E 1221

– – – – – – 803F 1222

– – – – – – 803G 1223

– – – – – – 803H 1224

– – – – – – 803I 1225

– – – – – – 803J 1226

– – – – – – 803K 1227

– – – – – – 803L 1228

– – – – – – 803M 1229

– – – – – – 803N 1230

– – – – – – 803O 1231

– – – – – – 803P 1232

div 8 hdg div 8 hdg – exp

782 782 – exp – – – –

783 783 – exp – – – –

784 784 – exp – – – –

785 785 – exp – – – –

786 786 – exp – – – –

div 9 hdg div 9 hdg – div 4 hdg – div 4 hdg – exp

809





787 787 – 781 – 804 – exp

788 788 – 782 – 805 – exp

789 789 – 783 – 806 – exp

790 790 – 784 – 807 – exp

791 791 – 785 – 808 – exp

– – 791A 786 – exp – –

792 792 – 787 – 809 – exp

div 10 hdg div 10 hdg – om

793 793 – om – – – –

div 11 hdg div 11 hdg – div 5 hdg – div 5 hdg exp div 5 hdgnew div hdg

ins

794 794 – 788 – 810 exp expnew s 810 ins

795 795 – 789 – 811 exp expnew s 811 ins

796 796 – 790 – 812 exp expnew s 812 ins

797 797 – 791 – 813 – 1233

798 798 – 792 – 814 exp expnew s 814 ins

– – – – div 11A hdg exp – –

– – – – sdiv A hdg exp – –

– – – – 798A exp – –

– – – – 798B exp – –

– – – – sdiv B hdg exp – –

– – – – 798C exp – –

– – – – 798D exp – –

– – – – 798E exp – –

– – – – 798F exp – –

– – – – sdiv C hdg exp – –

– – – – 798G exp – –

810





– – – – 798H exp – –

– – – – 798I exp – –

– – – – 798J exp – –

– – – – 798K exp – –

– – – – sdiv D hdg exp – –

– – – – 798L exp – –

– – – – 798M exp – –

div 12 hdg div 12 hdg – div 6 hdg – div 6 hdg – exp

799 799 – 793 – 815 – exp

800 800 – 794 – 816 – exp

801 801 – 795 – 817 – exp

pt 2 hdg om – – – – – –

802 om 802 om – – – –

803 om – – – – – –

pt 3 hdg om – – – – – –

804 om – – – – – –

sch om – – – – – –

State of Queensland 1999

local government act 1993

Documents

Transcript of local government act 1993